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Avco Corp. v. Machinists, 390 U.S. 557 (1968)
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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.
Avco Corp. v. Machinists, 390 U.S. 557 (1968)
Avco Corp. v. Aero Lodge No. 735, International Association of Machinists & Aerospace Workers No. 445 Argued March 11, 1968 Decided April 8, 1968 390 U.S. 557
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Petitioner, employer, brought suit in a Tennessee court to enjoin respondent union and its members from striking in violation of a "no-strike" clause in the collective bargaining agreement. The state court issued an ex parte injunction. Respondents moved in Federal District Court for removal of the case, and dissolution of the injunction. The District Court ruled that the action was within its original jurisdiction, denied a motion to remand to the state court, and dissolved the injunction. The Court of Appeals affirmed.
Held:
1. Since this action is based on § 301 of the Labor Management Relations Act, it is controlled by federal substantive law, even though brought in a state court, and removal is but one aspect of the "primacy of the federal judiciary in deciding questions of federal law." P. 560.
2. This suit clearly arises under the "laws of the United States," within the meaning of the removal statute, 28 U.S.C. § 1441(b), and is within the "original jurisdiction" of the District Court under §§ 1441(a) and (b). P. 560.
3. The nature of the relief available after jurisdiction attaches is different from the question whether the court has jurisdiction to adjudicate the controversy. P. 561.
376 F.2d 337, affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Avco Corp. v. Machinists, 390 U.S. 557 (1968) in 390 U.S. 557 390 U.S. 558. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=RNLJ34IZWYJEGSR.
MLA: U.S. Supreme Court. "Syllabus." Avco Corp. v. Machinists, 390 U.S. 557 (1968), in 390 U.S. 557, page 390 U.S. 558. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RNLJ34IZWYJEGSR.
Harvard: U.S. Supreme Court, 'Syllabus' in Avco Corp. v. Machinists, 390 U.S. 557 (1968). cited in 1968, 390 U.S. 557, pp.390 U.S. 558. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=RNLJ34IZWYJEGSR.
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