Gerald W. Byrne v. Buffalo Creek Railroad Company and John J. Hayes, as Chairman of Local 12, a Local Unit of United Transportation Union

One of the great strengths of the Second Circuit is the willingness of its able and respected district judges to accept the not-always-perfect leadership of this Court in our mutual effort to establish a just and coherent body of Circuit law. If this system is to function properly, a district judge who has followed faithfully a precedent of this Court should not have the ground cut out from under him by a decision which overturns a prior holding while purporting to simply “carve out a' limited exception” to it. Because that is what is happening to Judge Elfvin in this case, I respectfully…