Ralph L. Born, Appellant, v. R. J. Laube et al., Appellees, 214 F.2d 349 (9th Cir. 1954)

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US Court of Appeals for the Ninth Circuit - 214 F.2d 349 (9th Cir. 1954) July 15, 1954

Denying rehearing, C.A., 213 F.2d 407, which affirmed, D.C., 101 F. Supp. 473.

Bailey E. Bell, William H. Sanders, Anchorage, Alaska, for appellant.

James E. Swan, Peter J. Kalamarides, Anchorage, Alaska, Sam Bassett, Bassett, Geisness & Vance, Seattle, Wash., for appellee.

Norman W. Harris, Decatur, Ala., amicus curiæ.

Before HEALY, ORR, and LEMMON, Circuit Judges.


The petition for rehearing is predicated largely upon the claim that our decision is in conflict with the intervening holding of the Supreme Court in United Construction Workers v. Laburnum Construction Corporation, 347 U.S. 656, 74 S. Ct. 833.

We have carefully considered the Laburnum decision and are of opinion that it is distinguishable inasmuch as the complaining party there, under the Labor Management Act, 29 U.S.C.A. § 151 et seq., was wholly without remedy in damages for the tortious conduct of the Union. Here the complaining employee had available the remedy of reinstatement with back pay. Moreover, unlike Laburnum, there was no violence or threat of violence which might serve to bring the cause within the area of the Territorial police power.

The petition for rehearing is denied.