Legal Opinion
W. Willard Wirtz, Secretary of Labor v. Powell Knitting Mills Co., Inc., Meinhard Commercial Corp.
Court of Appeals for the Second Circuit
Decided May 13, 1966No. 30457_1PublishedCited by 15 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
The Secretary of Labor appeals from an order of the United States District Court for the Eastern District of New York, Joseph C. Zavatt, Chief Judge, vacating a temporary restraining order issued against Powell Knitting Mills, Inc. and *732against Meinhard Commercial Corp. Powell has not appeared.
As a general rule, it is true, the denying or vacating of a temporary restraining order is not appealable. Austin v. Altman, 332 F.2d 273 (2 Cir. 1964). But this is not always so. In the first place, the appellate court is not bound by what the parties or the District Court…
2Cases cited6 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- United States v. John Q. WoodCourt of Appeals for the Fifth Circuit · 1961
- Lee F. Dilworth v. T. N. Riner, Owner of Tom's RestaurantCourt of Appeals for the Fifth Circuit · 1965
- Luther F. Grant and Sirrka v. Grant v. United StatesCourt of Appeals for the Second Circuit · 1960
- William Sustin v. Irving B. AltmanCourt of Appeals for the Second Circuit · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Citicorp Industrial Credit, Inc. v. BrockSupreme Court of the United States · 1987
- Taylor v. First American Title Co.District of Columbia Court of Appeals · 1984
- Donovan v. TMC Industries, Ltd.District Court, N.D. Georgia · 1982
- Fed. Sec. L. Rep. P 94,337 Spencer Companies, Inc. v. Armonk Industries, Inc.Court of Appeals for the First Circuit · 1973
- Ceola Cooks v. Roland A. Fowler, T/a J. Edward Fowler and SonCourt of Appeals for the D.C. Circuit · 1971
10 more not listed; retrieve them via the Exa API.