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

No. 40,239

180 Kan. 393 (1956)

304 P.2d 498

TEXAS CONSTRUCTION COMPANY, Appellant, 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, Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

D.A. Hindman, of Stockton, argued the cause, and Stanley Krysl, of Stockton, was with him on the briefs for the appellant.

Robert L. Kimbrough, of Topeka, argued the cause, and George E. McCullough and Leon W. Lundblade, both of Topeka, and William Stowell, of Phillipsburg, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This appeal is from a judgment rendered on an injunction bond for costs and damages, and arises out of the unlawful issuance of an injunction.

In May, 1953, plaintiff construction company brought an action for an injunction against defendant union arising out of a labor dispute. Following a hearing thereon a temporary injunction was granted and plaintiff was ordered to file a bond in the amount of...

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