Legal Opinion

Muffley Ex Rel. NLRB v. Massey Energy Co.

District Court, S.D. West Virginia

Decided April 14, 2008No. 1:08-cr-00073PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION & ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court are the respondents’ Motions to Dismiss Petition for Injunction under Section 10(j) of the National Labor Relations Act [Dockets 26 & 30], The respondents argue that the petition for an interim injunction should be dismissed on two independent grounds. First, the respondents urge dismissal because the petitioner lacks the legal authority to bring the petition on behalf of the National Labor Relations Board. Second, the respondents argue that injunctive relief is not “just and proper” under § 10(j) of the…

2Cases cited10 opinions

  1. Kfc National Management Corp. v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1974
  2. Evans v. International Typographical UnionDistrict Court, S.D. Indiana · 1948
  3. Penello v. International Union, United Mine WorkersDistrict Court, District of Columbia · 1950
  4. National Labor Relations Board v. Aerovox Corporation of Myrtle Beach, South CarolinaCourt of Appeals for the Fourth Circuit · 1967
  5. Flav-O-Rich, Inc. v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1976

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3Cited by3 opinions

  1. Muffley Ex Rel. NLRB v. Spartan Mining Co.Court of Appeals for the Fourth Circuit · 2009
  2. Norelli v. Hth Corp.District Court, D. Hawaii · 2010
  3. Glasser v. Heartland-University of Livonia, MI, LLCDistrict Court, E.D. Michigan · 2009

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