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ENGLANDER CO. v. TISHLER

280 A.D. 217 (1952)

Englander Company, Inc., et al., Appellants-Respondents, v. Sol Tishler, Individually and as President of Bedding, Curtain & Drapery Workers' Union, Local 140, C. I. O., et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 19, 1952.

Attorney(s) appearing for the Case

Melvin A. Albert of counsel (Allan D. Emil, attorney), for appellants-respondents.

Leonard B. Boudin of counsel (Shapiro, Rabinowitz & Boudin, attorneys), for respondents-appellants.

PECK, P. J., and CALLAHAN, J., concur in Per Curiam opinion; SHIENTAG, J., concurs in opinion; COHN, J., dissents and votes to modify the order granting the temporary injunction and to affirm the order denying the motion to dismiss the complaint for insufficiency in a dissenting in part opinion in which DORE, J., concurs.

Per Curiam.

Order granting temporary injunction reversed, with $20 costs and disbursements, and motion denied. Order denying defendants' cross motion to dismiss the complaint reversed, with $20 costs and disbursements, and motion granted.

No complaint has been made as to the contents of the pickets' signs displayed or leaflets distributed by them. The question before us on this appeal is the right of the defendants...

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