holding that the federal appellate courts’ "decision[s] involve[ing] construction and application of [a] federal statute ... [are] binding on state courts”
How later courts described this case
- holding that the federal appellate courts’ "decision[s] involve[ing] construction and application of [a] federal statute ... [are] binding on state courts”
- holding. that the federal appellate courts’ “decision[s] involving] construction and application of [a] federal statute ... [are] binding on state courts”
- stating that a decision of the United States Court of Appeals for the Fifth Circuit was "binding on state courts"
Written by the judges who cited it.
The opinion
BROWN, Justice.
In Harper v. Southern Coal & Coke Co., 73 F.(2d) 792 , the United States Circuit Court of Appeals for the Fifth Circuit, speaking through Walker, Circuit Judge, held that the ‘‘Remedies provided by National Industrial Recovery Act [ 48 Stat. 195 ] for violations of it are exclusive, and no suit by a private party for violation of the act is maintainable.”
That decision involved a construction and application of the federal statute, and is binding on state courts. That decision disposes of this case, and necessitates an affirmance of the judgment of the circuit court.
Affirmed.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.