Lester
Lester v. Parker
Opinion
Lead Opinion
Following the issuance of our mandate in Parker v. Lester, 9 Cir., 227 F.2d 708, 717 , the district court, on motion of the plaintiffs, entered its decree for the purpose of carrying out our judgment as directed. Claiming that the decree thus entered is not in accordance with the opinion and mandate of this court, and also that it is beyond the trial court’s jurisdiction, the defendants have brought this appeal.
We are of the opinion that the decree is in conformity with our decision and it is not subject to the objections now presented by Government counsel on behalf of the appellants. What our decision vindicated was the right of the plaintiffs to seek and obtain private employment in one of the common walks of life; that this was a right “entitled to constitutional protection”, and to “protection at the hands of a court of equity.” Holding that these plaintiffs “have no adequate or any remedy at law”; that the damages of which they complain through being deprived of employment as seamen upon merchant-vessels, are irreparable; that the “Plaintiffs were able to show and did show that the defendants through the application of the alleged void and unconstitutional regulations had…