United States v. Harry E. Robinson, United States of America v. Horace M. Disotell

Appellants appeal convictions of criminal contempt for violating the terms of a preliminary injunction. We affirm.

On March 25, 1970, the United States filed a civil complaint in the court below against Professional Air Traffic Controllers Organization (PATCO), and individual officers and members of PAT-CO, including its president, appellant Robinson, and its secretary, appellant Disotell. The members of PATCO are air traffic controllers employed by the Federal Aviation Administration (FAA). The complaint alleged that members of PATCO, including appellants, were engaging in an unlawful strike against the government of the United States by absenting themselves from work under feigned claims of illness. Injunctive relief was sought.

An ex parte temporary restraining order issued March 31, 1970. Hearing on the government’s motion for preliminary injunction was set for April 8.

On April 7 the government moved for an order requiring appellants (and other defendants) to show cause why they should not be held in contempt for violating the March 31 restraining order. The motion was based upon affidavits stating, in relevant part, that appellants Robinson and Disotell had failed to…