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SEVEN UP ETC. CO. v. GROCERY ETC. UNION

Docket No. L.A. 21347.

40 Cal.2d 368 (1953)

254 P.2d 544

SEVEN UP BOTTLING COMPANY OF LOS ANGELES INCORPORATED, Appellant, v. GROCERY DRIVERS UNION LOCAL 848 (an Unincorporated Association) et al., Respondents.

Supreme Court of California. In Bank.

March 10, 1953.

Attorney(s) appearing for the Case

Thomas P. Menzies, Harold L. Watt, Carl M. Gould and Hill, Farrer & Burrill for Appellant.

Roth & Bahrs and George O. Bahrs as Amici Curiae on behalf of Appellant.

Stevenson & Richman, Todd & Todd, Clarence E. Todd, John C. Stevenson and Arthur Garrett for Respondents.

Charles P. Scully and Tobriner & Lazarus as Amici Curiae on behalf of Respondents.

CARTER, J.

By its complaint in this action plaintiff sought injunctive relief and damages. Following the issuance of a preliminary injunction, the case was called for trial, at which time defendants' objection to the introduction of any evidence on the ground that the complaint did not state facts sufficient to constitute a cause of action was sustained, and the court gave judgment that plaintiff recover nothing, but continued the preliminary injunction in force pending...

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