AIR TRANSPORT, ETC. v. PROFESS. AIR TRAFFIC, ETC.

Nos. 231, 435, Dockets 81-7447, 81-7609.

667 F.2d 316 (1981)

AIR TRANSPORT ASSOCIATION OF AMERICA (ATA), et al., Plaintiffs-Appellees, v. PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION (PATCO), et al., Defendants, Professional Air Traffic Controllers Organization (PATCO) Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 18, 1981.


Attorney(s) appearing for the Case

Richard J. Leighton, Washington, D. C. (Leighton, Conklin, Lemov, Jacobs & Buckley, Washington, D. C., Scott D. Andersen, Neal Goldfarb, and Leaf, Duell, Drogin & Kramer, New York City, Ira Drogin, Harvey Wasserman, Jeffrey C. Miller, New York City, of counsel), for defendant-appellant.

Herbert Prashker, New York City (Poletti Freidin Prashker Feldman & Gartner, New York City, Carmel P. Ebb, Stanley Futterman, Ronald Younkins, Michele Lippa, New York City, of counsel), for plaintiffs-appellees.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C. (Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., and Anthony J. Steinmeyer, Mark H. Gallant, Attys., Civ. Div., Dept. of Justice, Washington, D. C., of counsel), for United States as amicus curiae.

Robert J. Freehling, Sol., Federal Labor Relations Authority, Washington, D. C., Mary Elizabeth Medaglia, Associate Sol., Ellen Stern, Atty., Washington, D. C., for Air Transport Ass'n of America as amicus curiae.

Robert M. Tobias, Gen. Counsel, Nat. Treasury Emp. Union, Washington, D. C., John F. Bufe, Deputy Gen. Counsel, William F. White, Associate Gen. Counsel, Washington, D. C., for Professional Air Traffic Controllers Organization, Inc. as amicus curiae.

Before LUMBARD, MANSFIELD, VAN GRAAFEILAND, Circuit Judges.


LUMBARD, Circuit Judge:

The Professional Air Traffic Controllers Organization (PATCO) appeals from an order entered on June 18, 1981, in the Eastern District of New York, Platt, J., denying its motion to vacate an injunction entered in 1970 enjoining PATCO from calling or engaging in any strike by air traffic controllers against the United States, 516 F.Supp. 1108. Consolidated with this appeal is PATCO's appeal from contempt...

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