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AMALGAMATED MEAT CUTTERS, ETC. v. JOHNSON

No. 40,013

178 Kan. 405 (1955)

286 P.2d 182

AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL UNION No. 576; RALPH ANGLE, President; CARL H. NOTHNAGEL, Secretary-Treasurer and Business Representative; and all Officers, Trustees and Members of Local No. 576, Amalgamated Meat Cutters and Butcher Workmen of North America, Plaintiffs, v. HONORABLE JUDGE BERYL JOHNSON, Third Judicial District Judge, Shawnee County, Kansas, First Division, HONORABLE PAUL H. HEINZ, Third Judicial District Judge, Shawnee County, Kansas, Second Division, Defendants.

Supreme Court of Kansas.

Opinion filed July 13, 1955.

Attorney(s) appearing for the Case

Robert L. Kimbrough, of Topeka, and Mozart G. Ratner, of Chicago, Ill., argued the cause and George E. McCullough, of Topeka, was with them on the briefs for the plaintiffs.

No appearance made for the defendants.

Philip H. Lewis and James W. Porter, both of Topeka, appeared as amici curiae.

The opinion of the court was delivered by

SMITH, J.:

This is an original action in mandamus wherein the plaintiffs, a labor union and the officers thereof, ask us to order the defendants to dissolve a temporary restraining order originally issued by Beryl Johnson, Judge of the First Division of the District Court of Shawnee County, on June 7, 1955, and extended by defendant, Paul Heinz, Judge of the Second Division of the District Court of Shawnee County,...

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