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TEXAS CONST. CO. v. H. & P.E. LOCAL UNION NO. 101

No. 39,301

178 Kan. 422 (1955)

286 P.2d 160

TEXAS CONSTRUCTION COMPANY, Appellee, v. HOISTING AND PORTABLE ENGINEERS' LOCAL UNION No. 101, Affiliated with The International Union of Operating Engineers, A.F. of L., an unincorporated Labor Organization or association; JESS HARDY, individually and as Business Agent of said labor organization; and all other members, agents and representatives of said labor organization whose real names are unknown to plaintiff and therefore cannot be given, as individuals and representatives of said labor organization, Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1955.

Attorney(s) appearing for the Case

Robert L. Kimbrough, of Topeka, argued the cause, and George E. McCullough, of Topeka, and William H. Stowell, of Phillipsburg, were with him on the briefs for the appellants.

E.H. Hatcher, of Topeka, argued the cause, and D.A. Hindman, of Stockton, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

The sole question presented in this appeal is whether the trial court had jurisdiction of the subject matter. Appellants contend it did not.

We summarize or quote portions of the record bearing upon the question presented as follows:

Plaintiff is a Delaware corporation with its home office in Dallas, Texas, and is duly authorized to do business in this state. Its business consists of the...

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