281 BRENNAN, J., dissenting the union fully complied with the pertinent provisions of the Railway Labor Act, but, because the employer had refused to bargain concerning a "major" dispute, the union was free to strike. Meanwhile the employer obtained from a state court an injunction against any picketing on or near its premises. The Federal District Court ordered the parties to bargain and enjoined the employer from giving effect to, or seeking enforcement of, the state court injunction. The Court of Appeals for the Fifth Circuit affirmed the granting of injunctive relief on the ground that this action was within the § 2283 exception relating to the effectuation of federal court judgments. The Court of Appeals held that the union had a right to strike under the Railway Labor Act and that that right could not be frustrated or interfered with by state court injunctions. Similarly, BLE argued below that resort to state equitable proceedings should not be permitted to undermine the District Court's prior determination that BLE had a right to picket at the Moncrief Yard. As its injunction order indicates, the District Court was persuaded by BLE's argument. After the federal injunction was issued, in proceedings brought by ACL to stay the effectiveness of the order, BLE adhered to its position that the state injunction, if not enjoined, would nullify the District Court's 1967 order delineating the rights of the parties. 1 Record 499, 505, 508-509. Again BLE relied upon the intervening decision in Jacksonville Terminal, but it did so primarily in support of the contention that the 1967 order was proper insofar as it prohibited state court interference with the picketing at the Moncrief Yard. 1 Record 509-510. In essence, BLE argued that the 1967 order had correctly anticipated Jacksonville Terminal. See ibid. In the state courts BLE adopted a position entirely consistent with the foregoing. For example, in opposing BRENNAN, J., dissenting 398 U.S. ACL's application for a temporary injunction against the picketing, BLE contended that the District Court had previously held that under controlling federal law BLE's right to picket had been established, that this declaration of rights was res judicata in the state proceedings, and consequently that state proscription of the picketing was improper. 2 Record 104-105. In sum, to the extent that the argument of counsel is an interpretive guide to what the District Court actually decided in its 1967 and 1969 orders, the Court's conclusion that the record "conclusively shows that neither the parties themselves nor the District Court construed the 1967 order" to preclude resort to state remedies to prohibit the Moncrief Yard picketing (ante, at 293) is wholly erroneous. And, quite apart from counsel's argument, it is apparent that the District Judge viewed his own 1967 order as delineating a federally protected right for the BLE picketing in question. Whether the District Court's anticipation of Jacksonville Terminal was correct in the circumstances of the present case is not now before us. But if the 1967 order is so understood, it is undeniably clear that the subsequent injunction against the state proceedings was both necessary and appropriate to preserve the integrity of the 1967 order. In justifying its niggardly construction of the District Court's orders, the Court takes the position that any doubts concerning the propriety of an injunction against state proceedings should be resolved against the granting of injunctive relief. Unquestionably § 2283 manifests a general design on the part of Congress that federal courts not precipitately interfere with the orderly determination of controversies in state proceedings. However, this policy of nonintervention is by no means absolute, as the explicit exceptions in § 2283 make entirely clear. Thus, § 2283 itself evinces a congressional intent that 281 BRENNAN, J., dissenting resort to state proceedings not be permitted to undermine a prior judgment of a federal court. But that is exactly what has occurred in the present case. Indeed, the federal determination that BLE may picket at the Moncrief Yard has been rendered wholly ineffective by the state injunction. The crippling restrictions that the Court today places upon the power of the District Court to effectuate and protect its orders are totally inconsistent with both the plain language of § 2283 and the policies underlying that statutory provision. Accordingly, I would affirm the judgment of the Court of Appeals sustaining the District Court's grant of injunctive relief against petitioner's giving effect to, or availing itself of, the benefit of the state court injunction. HELLENIC LINES LTD. ET AL. v. RHODITIS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 661. Argued April 21, 1970— Respondent, a Greek seaman employed under a Greek contract, sought recovery under the Jones Act for injuries sustained on a ship of Greek registry while in American territorial waters. The vessel is operated by petitioner Greek corporation, which has its largest office in New York and another office in New Orleans, and more than 95% of whose stock is owned by a United States domiciliary, who is a Greek citizen. The income of the ship, which operates between the United States and the Middle East, is from cargo either originating or terminating in the United States. The District Court rendered judgment for respondent. The Court of Appeals affirmed. Held: In the totality of the circumstances of this case, which is factually distinguishable from Lauritzen v. Larsen, 345 U. S. 571, the Jones Act is applicable, the alien owner's substantial and continuing contacts with this country outweighing other factors against the Act's applicability here. Pp. 307-310. 412 F. 2d 919, affirmed. James M. Estabrook argued the cause for petitioners. On the briefs was George F. Wood. Joseph B. Stahl argued the cause and filed a brief for respondent. Briefs of amici curiae urging reversal were filed by Mr. Estabrook and David P. H. Watson for the Royal Greek Government, and by John R. Sheneman and Edwin K. Reid for the Greek Chamber of Shipping et al. Briefs of amici curiae urging affirmance were filed by Arthur J. Mandell for the American Trial Lawyers Association, and by Abraham E. Freedman for the National Maritime Union of America. 306 Opinion of the Court MR. JUSTICE DOUGLAS delivered the opinion of the Court. This is a suit under the Jones Act1 by a seaman who was injured aboard the ship Hellenic Hero in the Port of New Orleans. The District Court, sitting without a jury, rendered judgment for the seaman, 273 F. Supp. 248. The Court of Appeals affirmed, 412 F. 2d 919. The case is here on petition for a writ of certiorari which we granted, 396 U. S. 1000, in light of the conflict between the decision below and Tsakonites v. Transpacific Carriers Corp., 368 F. 2d 426, in the Second Circuit. 2 3 Petitioner Hellenic Lines Ltd. is a Greek corporation that has its largest office in New York and another office in New Orleans. More than 95% of its stock is owned by a United States domiciliary who is a Greek citizen-Pericles G. Callimanopoulos (whom we call Pericles). He lives in Connecticut and manages the corporation out of New York. He has lived in this coun 1 The Act provides: "Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located." 41 Stat. 1007, 46 U.S. C. § 688. 2 The other petitioner, Universal Cargo Carriers Inc., is a Panamanian corporation which owns the Hellenic Hero; but Hellenic Hero is managed by petitioner Hellenic Lines Ltd., a Greek corporation. 3 Pericles owns in excess of 95% of the stock of both petitioners. |