Smith v. Butler/Opinion of the Court

The petition for certiorari in this case raised solely a question regarding the bearing of the Railway Labor Act, 45 U.S.C.A. § 151 et seq. on the enforcement of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The petition was granted. 364 U.S. 869, 81 S.Ct. 113, 5 L.Ed.2d 92. After full argument and due consideration, it became manifest that the course of litigation and the decisions in the Florida courts did not turn on the issue on the basis of which certiorari was granted. Accordingly, the writ is dismissed.

Mr. Justice BRENNAN, with whom THE CHIEF JUSTICE and Mr. Justice BLACK join, dissenting.