it would not bar the relief for which the plaintiff prays.
The Norris-LaGuardia Act, 29 U.S.C. §§ 101, 113, places certain restrictions on the issuance of injunctions in any case involving or growing out of a labor dispute. The statute has two aspects. First, it provides that certain specified activities may not be enjoined under any circumstances (Sec. 104). Among the enumerated actions in this group are strikes; distributing information as to the existence of a labor dispute, whether by advertising, picketing, or any other method not involving fraud or violence; and similar actions generally regarded as legitimate. Second, the Act places certain restrictions and limitations on granting injunctions against any other activity connected with a labor dispute (Sec. 107 et seq.) Thus, the law requires that there be a showing that substantial or irreparable injury would follow to the plaintiff's property if an injunction is denied; that greater injury would be inflicted upon the plaintiff by the denial of the relief than would be inflicted on defendants by the granting of relief; that the plaintiff as no adequate remedy at law; that public officers are unable or unwilling to furnish adequate protection; and that the plaintiff has made every reasonable effort to settle the dispute (Sec. 108). There are numerous instances in which injunctions were granted in labor disputes upon compliance with these prerequisites of the Norris-LaGuardia Act. The following cases are illustrative: Newton v. Laclede Steel Co., (C.A.7) 80 F.2d 636; Mayo v. Dean (C.A.5) 82 F.2d 554; Cater Const. Co. v. Nischwitz (C.A.7) 111 F.2d 971; J. B. Michael & Company v. Iron Workers Local No. 782 (W.D.-Ky.) 173 F.Supp. 319.
The amended complaint in the case at bar sufficiently meets the requirements of the Norris-LaGuardia Act. It shows not only generally, but in detail, that substantial and irreparable injury would be sustained by the plaintiff if an injunction is not granted. It avers that greater injury would be inflicted upon the plaintiff by a denial of the relief than upon the defendants if an injunction were issued. It alleges that the plaintiff has no adequate remedy at law. It shows that public officers are unable or unwilling to furnish adequate protection against the activities involved in this case.
It is objected that there is no allegation that the plaintiff has made every reasonable effort to settle the dispute. It has been held, however, that such an allegation is not indispensable and that whether the plaintiff failed to make reasonable efforts to settle the dispute is a question of fact to be determined at the trial. If such efforts are required, it is sufficient if they are exerted at any time prior to the final decree. It is not contemplated that they must be initiated before the institution of the action. They may be dispensed with altogether if under the circumstances it would not be reasonable to expect the plaintiff to do anything in that direction.
In Donnelly Garment Co. v. International L.G.W. Union, (C.A.8) 99 F.2d 309, 317, Judge Sanborn made the following apt observations that are applicable to the situation presented here:
'Accepting as true all of the allegations of the complaints, what effort on the part of the plaintiffs to settle the controversy with the defendant union would have been a reasonable effort, and what reasonable effort did the plaintiffs fail to make? Looking at the matter realistically, it would seem that at no time after the plaintiffs were notified by their employees of their refusal to accept the defendant union as a bargaining agent, was there anything which the plaintiffs could reasonably have offered to the defendants by way of compromise or settlement of the dispute which had arisen, except, perhaps, an explanation of the situation and a prayer for peace.'
Actually, the amended complaint does, in fact, contain appropriate allegations on this point. It is stated in Paragraph 12 that the plaintiff endeavored to communicate with the defendant by telephone, both in Washington and New York, but received no answer to its telephone call in New York, and was unable to find a telephone number for either of the defendants in the District of Columbia. Under the circumstances, it is not discernible what more the plaintiff could have done in this direction.
Finally, it must be observed that under modern Federal procedure, pleadings are no longer strictly construed, and precise and complete averments to make out a cause of action are no longer required. If a sufficient state of facts can possibly be proved within the allegations of the complaint, it may not be dismissed.
Motion to dismiss the amended complaint is denied.
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