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A.F. OF L. v. AMERICAN SASH CO.

No. 27.

335 U.S. 538 (1949)

AMERICAN FEDERATION OF LABOR ET AL. v. AMERICAN SASH & DOOR CO. ET AL.

Supreme Court of United States.

Decided January 3, 1949.

Attorney(s) appearing for the Case

Herbert S. Thatcher and H.S. McCluskey argued the cause for appellants. With them on the brief were J. Albert Woll, James A. Glenn, J.H. Morgan and George Pennell.

Donald R. Richberg argued the cause for appellees. With him on the brief were Evo De Concini, Attorney General of Arizona, Perry M. Ling, Chief Assistant Attorney General, Charles L. Strouss and J.L. Gust. G.H. Moeur was also of counsel for appellees.

An amicus curiae brief in support of appellees was filed on behalf of the States of Florida, by J. Tom Watson, Attorney General; Michigan, by Eugene F. Black, Attorney General; North Dakota, by P.O. Sathre, Attorney General; Tennessee, by William F. Barry, Solicitor General; Utah, by Grover A. Giles, Attorney General; and Wisconsin, by Grover L. Broadfoot, Attorney General, Stewart G. Honeck, Deputy Attorney General, and Beatrice Lampert, Assistant Attorney General.

MR. JUSTICE BLACK delivered the opinion of the Court.

This case is here on appeal from the Supreme Court of Arizona under § 237 of the Judicial Code as amended, 28 U.S.C. § 344 (now 28 U.S.C. § 1257). It involves the constitutional validity of the following amendment to the Arizona Constitution, adopted at the 1946 general election:

"No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor...

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