LAW.coLAW.co

CORREA & TIRADO, Defendant, Appellant, v. Arthur J. GOLDBERG, Secretary of the United States Department of Labor, Plaintiff, Appellee

United States Court of Appeals for the First Circuit1962-02-20No. No. 5857
299 F.2d 573

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

One week before this case was set for trial plaintiff filed a motion for summary judgment, the granting of which it can support only by asking the court to take judicial notice of such generalities as would raise a broad and possibly nonexistent issue similar to the one we declined to pass upon unnecessarily in Compania De Ingenieros Y Contratistas, Inc. v. Goldberg, 1 Cir., 1961, 289 F.2d 78, but two weeks before. The plaintiff should know that it is wasted effort to lead a reluctant horse to water.

Judgment will be entered vacating the judgment and restraining order of the District Court and remanding the action for further proceedings not inconsistent herewith.