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SCHAUFFLER v. UNITED ASSOCIATION OF JOURNEYMEN, ETC.

No. 12160.

246 F.2d 867 (1957)

Bennet F. SCHAUFFLER, Regional Director of the Fourth Region of the National Labor Relations Board for and on Behalf of the National Labor Relations Board, Petitioner, v. UNITED ASSOCIATION OF JOURNEYMEN & APPRENTICES OF PLUMBING and PIPE FITTING INDUSTRY OF UNITED STATES and CANADA, LOCAL 420, AFL; Al McHenry, Its Business Manager; and John Small, Its Business Agent, Respondents-Appellants.

United States Court of Appeals Third Circuit.

Decided August 1, 1957.

Attorney(s) appearing for the Case

Richard H. Markowitz, Philadelphia, Pa. (Louis H. Wilderman, Paula R. Markowitz, Philadelphia, Pa., on the briefs), for appellants.

Winthrop A. Johns (N.L.R.B.), Washington, D. C. (Jerome D. Fenton, General Counsel, Washington, D. C., Stephen Leonard, Washington, D. C., Associate General Counsel, William A. Kapell, Washington, D. C., Attorney, National Labor Relations Board, on the brief), for appellee.

Before STALEY and HASTIE, Circuit Judges, and SORG, District Judge.

STALEY, Circuit Judge.

Occasionally a litigant will request the court to overturn an apparently well-settled principle of law which he finds as an insurmountable barrier in the path of the proposition he seeks to have established. This is such a case. Appellants argue that the district court abused its discretion by allowing as costs in a civil contempt proceeding the expenses incurred by the National Labor Relations Board in connection with the prosecution of appellants...

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