[Download] "Ford v. Kammerer" by United States Court of Appeals for the Third Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ford v. Kammerer
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 29, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Per Curiam This is an appeal of a contempt order based on a violation of a preliminary injunction. The injunction was issued
in connection with an action to declare a labor union's method of imposing certain disciplinary procedures violative of the
Labor-Management Reporting and Disclosure Act, 29 U.S.C.A. 411 (a)(5) (1965). Whether or not the district court issued the preliminary injunction on the basis of a correct or incorrect view of the law,
the order must unquestionably be obeyed. Howat v. Kansas, 258 U.S. 181, 189-90, 66 L. Ed. 550, 42 S. Ct. 277 (1922). However,
it need be obeyed only to the extent it reasonably specifies the conduct prohibited. Thus, Rule 65(d) of the Federal Rules
of Civil Procedure, 28 U.S.C.A. (1970), provides that orders granting injunctions "shall be specific in terms; shall describe
in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained." This
language strongly suggests that prohibited conduct will not be implied from such orders; that they are binding only to the
extent they contain sufficient description of the prohibited or mandated acts. The long- standing, salutary rule in contempt
cases is that ambiguities and omissions in orders redound to the benefit of the person charged with contempt.