Great Northern Railway Company, a Corporation v. Lumber and Sawmill Workers, Local Union No. 2409, a Voluntary Association and Labor Union

The District Court, on motion of defendant below (appellee here) dismissed plaintiff’s (appellant’s) cause of action for a permanent .and temporary injunction restraining appellee from picketing on or about appellant’s railroad right-of-way and from delaying or interfering with appellant’s delivery of freight to a Mill, with which appellee was engaged in a labor dispute.

District Judge Murray, in his opinion below, 140 F.Supp. 393 , has set out adequate and compelling reasons why the complaint failed to tender sufficient legal grounds for injunctive relief. Upon his opinion, the judgment below should be affirmed.

Appellant has urged us, nevertheless, to reverse upon the broad ground that appellant is entitled to injunctive relief to enable it to comply with its obligations to furnish interstate railway service to all the public, 49 U.S.C.A. § 1 (17), including shippers involved in labor disputes. The resolution of such an issue necessarily involves the application of the Norris-La Guardia Act, 29 U.S.C.A. §§ 104-113 and the Labor Management Relations Act, 29 U.S.C.A. § 141 et seq.

The District Court felt it unnecessary, as we do, to reach this question. For the facts of this…