Legal Opinion
Oil, Chemical & Atomic Workers International Union, Local 4-447 v. American Cyanamid Company
Court of Appeals for the Fifth Circuit
Decided February 9, 1977No. 76-2346PublishedCited by 25 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
The union was awarded a judgment under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 et seq. for payment of unpaid vacation benefits under a collective bargaining agreement. The only issue is whether the court erred in declining to award pre-judgment interest (post-judgment interest was awarded).
The general federal rule is that in the absence of a statutory provision the award of pre-judgment interest is in the discretion of the court. Wolf v. Frank, 477 F.2d 467 (CA 5, 1973) (§ 10b-5 securities case); Dennis v. Central Gulf Steamship, 453 F.2d 137 (CA 5,…
2Cases cited3 opinions
- Lodges 743 & 1746, International Ass'n of Machinists Workers v. United Aircraft Corp.Court of Appeals for the Second Circuit · 1975
- Fed. Sec. L. Rep. P 93,949 J. William Wolf, Plaintiffs-Appellants-Cross v. Robert R. Frank, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1973
- Solomon v. WarrenCourt of Appeals for the Fifth Circuit · 1976
3Cited by25 opinions
- Carpenters District Council of New Orleans & Vicinity v. Dillard Dept. Stores, Inc., Etc., Stephen J. Plescia, Etc. v. Dillard Dept. Stores, Inc.Court of Appeals for the Fifth Circuit · 1994
- Arthur C. Payne, Cross-Appellee v. Panama Canal Company, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1979
- Bricklayers' Pension Trust Fund v. TaiariolCourt of Appeals for the Sixth Circuit · 1982
- Theodore D. Sauers, Through His Guardian, Irene G. Ellis v. Alaska Barge and Transport, Inc., an Alaska Corp., and the United States of AmericaCourt of Appeals for the Ninth Circuit · 1979
- Calderon v. Presidio Valley Farmers Ass'nCourt of Appeals for the Fifth Circuit · 1989
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