Schwalen v. Retail Food Clerks Union Local 870

California Court of Appeal

Schwalen v. Retail Food Clerks Union Local 870

116 P.2d 179, 46 Cal. App. 2d 545

CourtCalifornia Court of Appeal

DecidedAugust 20, 1941

DocketCiv. No. 11695

StatusPublished

Cited by1 cases

This text of 116 P.2d 179 (Schwalen v. Retail Food Clerks Union Local 870) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwalen v. Retail Food Clerks Union Local 870, 116 P.2d 179, 46 Cal. App. 2d 545 (Cal. Ct. App. 1941).

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Opinion

KNIGHT, J.

Defendants appeal from an order granting a preliminary injunction, and from an order overruling their demurrer to the complaint, in an action brought to enjoin defendants from picketing plaintiffs’ grocery store, and from maintaining other forms of boycott against plaintiffs and their place of business.

Subsequent to filing of defendants ’ opening brief the identical points urged therein against the validity of the preliminary injunction were brought before the Supreme Court in another case which has since been decided (McKay v. Retail Automobile Salesmen’s Local Union No. 1067, 16 Cal. (2d) 311 [106 Pac. (2d) 373]), and afterwards a petition for a writ of certiorari was denied by the Supreme Court of the United States (313 U. S. 566 [61 Sup. Ct. 939, 85 L. Ed. 1525]). Plaintiffs expressly concede that the decision rendered therein is here controlling, and that accordingly the order granting the preliminary injunction herein' must be [546]*546reversed. It is so ordered; and the appeal taken from the order overruling the demurrer is dismissed for the reason that it is not appealable.

Peters, P. J., and Ward, J., concurred.

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KNIGHT, J.

Defendants appeal from an order granting a preliminary injunction, and from an order overruling their demurrer to the complaint, in an action brought to enjoin defendants from picketing plaintiffs’ grocery store, and from maintaining other forms of boycott against plaintiffs and their place of business.

Subsequent to filing of defendants ’ opening brief the identical points urged therein against the validity of the preliminary injunction were brought before the Supreme Court in another case which has since been decided (McKay v. Retail Automobile Salesmen’s Local Union No. 1067, 16 Cal. (2d) 311 [106 Pac. (2d) 373]), and afterwards a petition for a writ of certiorari was denied by the Supreme Court of the United States (313 U. S. 566 [61 Sup. Ct. 939, 85 L. Ed. 1525]). Plaintiffs expressly concede that the decision rendered therein is here controlling, and that accordingly the order granting the preliminary injunction herein' must be [546]*546reversed. It is so ordered; and the appeal taken from the order overruling the demurrer is dismissed for the reason that it is not appealable.

Peters, P. J., and Ward, J., concurred.

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Bluebook (online)

116 P.2d 179, 46 Cal. App. 2d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwalen-v-retail-food-clerks-union-local-870-calctapp-1941.

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