Legal Opinion

Local No. 149 International Union, United Automobile, Aircraft & Agricultural Implement Workers of America v. American Brake Shoe Co.

Court of Appeals for the Fourth Circuit

Decided January 5, 1962No. 8411PublishedCited by 15 opinions

1Opinion of the Court

MARTIN, District Judge.

Appellant, Union, appeals from an order of the District Court refusing to award attorneys’ fees to the Union. The Union was the prevailing party in this Court on the merits of a prior appeal. Upon remand to the District Court to effectuate the decision here reached, that court held “it should not be within the power of the courts to penalize litigants because their defenses cannot be upheld,” and refused to award attorneys’ fees as costs.

The original dispute in this case arose as the aftermath of an arbitrator’s award in favor of the Union. The arbitrator required…

2Cases cited23 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  3. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  4. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  5. Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.Supreme Court of the United States · 1955

18 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Helen Varnes v. Local 91, Glass Bottle Blowers Association of the United States and CanadaCourt of Appeals for the Eleventh Circuit · 1982
  2. Amoco Oil Company v. Oil, Chemical and Atomic Workers International Union, Local 7-1, Inc. And Paul A. SemanCourt of Appeals for the Seventh Circuit · 1977
  3. United Food and Commercial Workers, Local 400 v. Marval Poultry Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1989
  4. Bradley v. School BoardDistrict Court, E.D. Virginia · 1971
  5. International Union of Operating Engineers, Local No. 450 v. Mid-Valley, Inc.District Court, S.D. Texas · 1972

10 more not listed; retrieve them via the Exa API.

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