LEAHY v. SMITH

Docket No. 8776.

137 Cal.App.2d Supp. 884 (1955)

290 P.2d 679

MICHAEL W. LEAHY, a Minor, etc., Appellant, v. DONALD C. SMITH, Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

November 28, 1955.


Attorney(s) appearing for the Case

Jones & Jones for Appellant.

Gordon P. Shallenberger for Respondent.

Before Shaw, P.J., Bishop, J., and Patrosso, J.


THE COURT.

The sole question presented by this appeal by the plaintiff from the judgment of nonsuit is whether the plaintiff, a nonunion employee of defendant, is entitled to rights as a third party beneficiary under two collective bargaining agreements entered into between the union and the defendant employer. Plaintiff does not claim to be a union member and holds only a "work permit" card issued by the union.

The right of a union member to recover as a...

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