Legal Opinion · Concurring in part, dissenting in part
Allied International, Inc. v. International Longshoremen's Association, Afl-Cio
Court of Appeals for the First Circuit
Decided January 6, 1981No. 80-1425Published
1Concurring in part, dissenting in partAldrich, Senior Circuit Judge
While I agree with part of the court’s thorough opinion, and with the conclusion that plaintiff is entitled to relief, I feel more comfortable with a different route. For the reasons given by the court I agree that this is not a Sherman Act case. I have doubts, however, whether relief is within the reach of the NLRA.
By my reading, the Benz line of cases cited by the court establishes the general proposition that the NLRA does not reach, directly or indirectly, labor controversies in which the “primary” dispute relates to the internal affairs of a foreign entity (in those cases, foreign…
2Cases cited16 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- Spence v. WashingtonSupreme Court of the United States · 1974
- National Labor Relations Board v. Denver Building & Construction Trades CouncilSupreme Court of the United States · 1951
- United States v. HutchesonSupreme Court of the United States · 1941
- McCulloch v. Sociedad Nacional De Marineros De HondurasSupreme Court of the United States · 1963
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