Pickers and Packers Local No. 474, Cigar Makers International Union v. Perfecto Garcia Brothers, Inc.

Fifth Circuit

Pickers and Packers Local No. 474, Cigar Makers International Union v. Perfecto Garcia Brothers, Inc.

330 F.2d 615, 49 Lab. Cas. (CCH) 18,951

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 28, 1964

Docket20529

StatusPublished

This text of 330 F.2d 615 (Pickers and Packers Local No. 474, Cigar Makers International Union v. Perfecto Garcia Brothers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pickers and Packers Local No. 474, Cigar Makers International Union v. Perfecto Garcia Brothers, Inc., 330 F.2d 615, 49 Lab. Cas. (CCH) 18,951 (5th Cir. 1964).

Pincite

Opinion

PER CURIAM.

The Appellant’s counsel on the oral argument very candidly stated that if the case were reversed and remanded, no evidence would be offered on the retrial below because the question at issue is one of law. In view of this, there is no substance to the procedural point that the District Court erred in rendering judgment on the pleadings with the annexed contracts and affidavits. As to the merits, we think the District Court’s construction of the agreements was correct. Denial of relief and dismissal of the complaint was therefore proper.

Affirmed.

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PER CURIAM.

The Appellant’s counsel on the oral argument very candidly stated that if the case were reversed and remanded, no evidence would be offered on the retrial below because the question at issue is one of law. In view of this, there is no substance to the procedural point that the District Court erred in rendering judgment on the pleadings with the annexed contracts and affidavits. As to the merits, we think the District Court’s construction of the agreements was correct. Denial of relief and dismissal of the complaint was therefore proper.

Affirmed.

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Bluebook (online)

330 F.2d 615, 49 Lab. Cas. (CCH) 18,951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pickers-and-packers-local-no-474-cigar-makers-international-union-v-ca5-1964.