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Southport Petroleum Co. v. Labor Board, 315 U.S. 100 (1942)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Southport Petroleum Co. v. Labor Board, 315 U.S. 100 (1942)
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Southport Petroleum Co. v. National Labor Relations Board No. 67 Argued January 5, 1942 Decided January 19, 1942 315 U.S. 100
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. An application to the Circuit Court of Appeals, under § 10(e) of the National Labor Relations Act, for leave to adduce additional evidence before the Board is addressed to the sound discretion of the Court. P. 104.
2. A Labor Board order required a Texas corporation, its officers, agents, successors and assigns, to desist from certain unfair labor practices; to offer reinstatement to employees found to have been discriminatorily discharged; to grant them backpay; to post certain notices at its Texas refinery, etc. Pending a petition of the Board to enforce the order, the corporation applied to the court under § 10(e) of the Act for leave to adduce additional evidence before the Board, averring that it had distributed all of its assets to its four stockholders as a liquidating dividend, and that two of them, who had received the Texas refinery in which the unfair labor practices were employed, had conveyed it to a newly organized Delaware corporation whose stockholders were at no time stockholders of the employer corporation, and later, in its answer, it alleged that it had very recently been dissolved pursuant to the statutes of Texas, and prayed a dismissal of the Board’s petition upon that ground.
Held: under these circumstances and others disclosed by the record, that denial of the application to adduce additional evidence was not error. P. 104.
117 F.2d 90 affirmed.
Certiorari, 313 U.S. 558, to review a decree directing the enforcement of an order of the National Labor Relations Board, and therein denying a motion for leave to adduce additional evidence.
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Chicago: U.S. Supreme Court, "Syllabus," Southport Petroleum Co. v. Labor Board, 315 U.S. 100 (1942) in 315 U.S. 100 315 U.S. 101. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=IWRXE48C6H42P5V.
MLA: U.S. Supreme Court. "Syllabus." Southport Petroleum Co. v. Labor Board, 315 U.S. 100 (1942), in 315 U.S. 100, page 315 U.S. 101. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IWRXE48C6H42P5V.
Harvard: U.S. Supreme Court, 'Syllabus' in Southport Petroleum Co. v. Labor Board, 315 U.S. 100 (1942). cited in 1942, 315 U.S. 100, pp.315 U.S. 101. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=IWRXE48C6H42P5V.
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