Capital Service, Inc. v. Labor Board,
347 U.S. 501 (1954)

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U.S. Supreme Court

Capital Service, Inc. v. Labor Board, 347 U.S. 501 (1954)

Capital Service, Inc. v. National Labor Relations Board

No. 398

Argued April 6, 1954

Decided May 17, 1954

347 U.S. 501


Petitioner, a manufacturer and distributor of bakery products, obtained a state court injunction against a union's picketing of retail stores that handled petitioner's products. Subsequently an unfair labor practice complaint based on the same conduct of the union was issued under the National Labor Relations Act, as amended, and the Regional Director of the Board petitioned a Federal District Court under § 10(l) of the Act for an injunction restraining the picketing by the union pending final adjudication by the Board. The Board sued in the same court to enjoin petitioner from enforcing the state court injunction.


1. Under 28 U.S. C. §1337, the District Court had jurisdiction of the subject matter of the Board's suit as a "civil action or proceeding" arising under an Act of Congress "regulating commerce." P. 347 U. S. 504.

2. The District Court's injunction against enforcement of the state court injunction was "necessary in aid of its jurisdiction," within the meaning of 28 U.S.C. § 2283, and was authorized by a specific exception to the prohibition of that section against federal courts staying state court proceedings. Pp. 347 U. S. 504-506.

204 F.2d 848 affirmed.

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