Once again the Sixth Circuit Court of Appeals in Cincinnati has pitched out a ruling by Federal Judge John Adams of Akron. In this instance, the case involved the Wheeling and Lake Erie Railroad Co in a dispute with the Brotherhood of Locomotive Engineers and Trainmen (BLET.) Adams had granted an injunction to the Railroad. But the appellate court disagreed with that decision, declaring:
"The District Court erred as a matter of law by characterizing the dispute between the parties as minor and by granting injunctive relief in favor of the Railroad. While it appears that the Railroad's violation of the status quo might well have justified injunctive relief in BLET's favor, BLET did not file a counterclaim seeking injunctive relief. Accordingly we VACATE the injunction in favor of the railroad and REMAND the case with an instruction for the district court to dismiss the Railroad's complaint."In the past few years the appeals court has vacated Adams' decision involving a public defender case, and in another matter, removed Adams from a Federal Disabilities Act case. "On too many occasions," the Akron Beacon Journal edtorialized, "Judge Adams has failed to measure up."