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UNITED STATES v. PROFESSIONAL AIR TRAF. CON. ORG. (PATCO)

No. 916, Docket 34968.

438 F.2d 79 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION (PATCO), its officers, agents, servants, members, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 10, 1970.

Certiorari Denied April 19, 1971.

Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C. (Carl Eardley, Deputy Asst. Atty. Gen., Washington, D. C., Edward R. Neaher, U. S. Atty., Brooklyn, N. Y., Alan S. Rosenthal and Robert E. Kopp, Attys., Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellant.

James M. Catterson, Jr., Port Jefferson, N. Y. (Catterson & Nolan, Port Jefferson, N. Y., on the brief), for defendants-appellees in No. 34968.

Murray Gartner, New York City (Herbert Prashker, A. Thomas Hunt, Poletti Freidin Prashker, Feldman & Gartner, New York City, on the brief), for plaintiff-appellant in No. 35072.

Nicholas Scoppetta, New York City (Marvin B. Segal, Segal & Hundley, New York City), for defendants-appelles.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

Certiorari Denied April 19, 1971. See 91 S.Ct. 1373.

HAYS, Circuit Judge:

I.

On March 25, 1970, commencing at 8:00 a. m., large numbers of air traffic controllers, employees of the Federal Aviation Administration (FAA), absented themselves from their work. The air traffic controllers reported that they were ill or gave other reasons for their absences. A number of applications were made to the federal courts for injunctions against the employees...

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