On October 20, 1959, the Attorney General filed a petition in the United States District Court for the Western District of Pennsylvania, seeking an injunction against the union and the steel companies pursuant to section 208 of the Taft-Hartley Act.[807] The Government’s petition described the requisite statutory steps which had been taken by the President, and alleged that prolongation of the widespread strike in the steel industry would imperil the health and safety of the country. In summary form the petition stated some of the consequences of the strike on employment, both in the steel industry and many other areas of the economy, on the availability of essential steel products, and on vital national defense projects.[808] The strike had shut down approximately 85 percent of the steel producing capacity of the United States. More than 765,000 persons had been made idle by the strike. If it were allowed to continue, strike-caused unemployment would have reached three million by January 1, 1960. A considerable amount of evidence was presented concerning the effect of the strike on the national defense program. The District Court found that certain steel products needed in connection with some aspects of the defense program were unavailable because of the steel strike. Particular stress was put on the impact of the tie-up on the output of missiles, nuclear submarines and advanced types of rocket engines. The Defense Department reported that two plants supplying component’s for the Polaris missile had been forced to stop production for lack of alloy steel and four others had given notice of the need to do the same within a few days.[809] Moreover, the top priority Project Mercury, an essential part of the nation’s space program was being injured. Exported steel products, vital to the support of the nation’s overseas bases, for NATO, and similar collective security groups would be cut off; continuance of the strike would impair these programs, thus imperiling the national safety. On these facts, the District Court made the conclusory finding that the strike imperiled the national health and safety and issued an injunction. The court rejected the union’s argument that the statute is unconstitutional because it authorizes the court to issue an injunction which does not enforce a pre-existing legal obligation, but merely creates such an obligation. The court did not pass on the union’s further argument that it should, in the exercise of its equitable discretion, refuse to issue an injunction in this case. The union promptly filed an appeal and moved the District Court for a brief stay to enable the Union to apply to Judge Staley of the Court of Appeals for the Third Circuit for a stay pending appeal.