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Kohler Co. v. National Labor Relations Board

UNITED STATES COURT OF APPEALS, SEVENTH CIRCUIT.


January 18, 1961

KOHLER COMPANY, A WISCONSIN CORPORATION, PETITIONER
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT.

Before HASTINGS, Chief Judge, DUFFY and KNOCH, Circuit Judges.

Per Curiam: Under date of August 26, 1960, at the hour of 10:10 A.M. Central Daylight Time, Kohler Co. filed its Petition for Review of an Order of the National Labor Relations Board. The Board on October 14, 1960, filed its answer to that petition stating that at the time that the aforesaid petition was filed in this Court, a Petition for Review of the same decision and order was on file in the Court of Appeals for the District of Columbia Circuit, which case was No. 15961, and that, under authority of Title 28, U.S.C., § 2112(a) (72 Stat. 941) the Board was required to file the record in this cause with the Court in which the proceedings with respect to its order were first instituted, in this instance, the Court of Appeals for the District of Columbia Circuit; and that under the same statute, the present proceeding before this Court was to be transferred to the Court of Appeals for the District of Columbia Circuit upon such filing of the record. The Board therefore moved that this Court transfer the proceedings in this case to the Court of Appeals for the District of Columbia Circuit as required by the statute. On October 21, 1960, Kohler Co. filed its Opposition to the Motion of the National Labor Relations Board to Transfer Cause, in which it was indicated that Kohler Co. had filed a motion with the Court of Appeals for the District of Columbia Circuit to transfer the proceedings from that Court to this Court "for the convenience of the parties in the interest of justice" in accordance with the provisions of the aforesaid statute; to which the Board filed a reply inviting this Court's attention to the wording of the statute which states:

"The other courts in which such proceedings are pending shall thereupon transfer them to the court of appeals in which the record has been filed. For the convenience of the parties in the interest of justice such court may thereafter transfer all the proceedings with respect to such order to any other court of appeals."

On November 23, 1960, the Court of Appeals for the District of Columbia Circuit denied Kohler Co.'s motion to transfer all of the proceedings there pending to this Court. Under date of November 30, 1960, Kohler Co. filed a statement indicating that motion for reconsideration would be presented. On December 7, 1960, Kohler Co. filed a petition for rehearing En Banc with the Court of Appeals for the District of Columbia Circuit. On January 9, 1961, this petition was denied.

Accordingly, pursuant to Title 28, 1.S.C., § 2112(a), this Court is herewith transferring this cause to the Court of Appeals for the District of Columbia Circuit.

19610118

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