United States v. Professional Air Traffic Controllers Organization (Patco), Its Officers, Agents, Servants, Members

WATERMAN, Circuit Judge (dissenting) :

I respectfully dissent.

As noted by my brothers, prior to the commencement of the two actions before us on this appeal, the first on March 30, 1970 and the second on April 1, 1970, an air traffic controller, one John F. Ley-den, commenced a class action on December 10, 1969 in the Eastern District of New York on behalf of himself and all other similarly situated air traffic controllers employed by the FAA in the Eastern Region against the FAA and its Eastern Regional Director.1 Leyden sought, inter alia, a preliminary injunction enjoining the Eastern…