BALDWIN v. ARIZONA FLAME RESTAURANT

No. 6020.

82 Ariz. 385 (1957)

313 P.2d 759

Don A. BALDWIN, individually and as Secretary-Treasurer and Business Agent of the Hotel & Restaurant Employees & Bartenders Union Local No. 631; Hotel & Restaurant Employees and Bartenders Union Local No. 631; Hotel & Restaurant Employees and Bartenders International Union, A.F.L.; George DeTalente, individually and as President of said Local 631; John Does 1 to 1000, agents, members and servants of aforesaid Bartenders Unions, Appellants, v. ARIZONA FLAME RESTAURANT, Inc., a corporation; Western Village Management Corporation, a corporation; Clyde R. Garland and Gale Garland, a copartnership, d/b/a Central Dryv Inn; John P. Schroeder and Jean B. Schroeder, copartners, d/b/a North Town Drive Inn; Milton's Skylark Cafe, Inc., a corporation; Carl J. Lockett, d/b/a Carl's Restaurant; Charles Stow and Hazel Stow, copartners, d/b/a Arizona Hotel Coffee Shops; S.W. Hubbard and Merry E. Hubbard, copartners, d/b/a Hubbard's 307; Sam C. Colachis, Sr., Sam C. Colachis, Jr., James W. Colachis, Christ Fontinos, and Nick Culmanes, a copartnership, d/b/a Saratoga Cafe; Donofrio's Confectionery, Inc., a corporation; George Phacas, d/b/a Colonlal Cafe; A.S. Miller, Sr., A.S. Miller, Jr. and Bruce M. Miller, copartners, d/b/a Miller's Cafeteria; Robert E. Gosnell, d/b/a Green Gables; Douglas Lee and Rose Lee, copartners, d/b/a Lee's Restaurant; L.J. Newton, d/b/a Newton's Prime Rib; Greenway Coffee Shop, Palomine Coffee Shop, Flamingo Coffee Shop and Cocktail Lounge, Jays and Brass Rail; Joe Hunt, Chet W. Johns, Joseph F. Martori and Horace E. Comer, copartners, d/b/a Joe Hunt's Steak House; and Jack Malcoff and Sol Malcoff, copartners, d/b/a Malcoff's, Plaintiffs-Appellees, Gene Doyle, d/b/a Circle M Cafe and Killarney (Smorgasbord); Dale James, d/b/a The Silver Spur; Ann Abbott, d/b/a Shed 13, Added Plaintiffs-Appellees, Lillie Lann, Louise Packer, Samuel Southern, Frances Holland and Melba Farthing, Intervening Plaintiffs-Appellees.

Supreme Court of Arizona.

June 29, 1957.


Attorney(s) appearing for the Case

Parker & Muecke, Phoenix, for appellants.

Jennings, Strouss, Salmon & Trask, Irving A Jennings, Clarence J. Duncan, John E. Madden, and Albert B. Spector, Phoenix, for appellees.

Ira Schneier, Tucson, Herbert B. Finn and Stephen S. Gorey, Phoenix, amici curiae.


LA PRADE, Justice.

This is an appeal from a decree of interlocutory injunction enjoining defendant union from picketing of the establishments of the plaintiffs. The appellant, The Hotel and Restaurant Employees' and Bartenders' Union, Local No. 631, one of the defendants below, will hereinafter be referred to as the defendant union; the appellees-plaintiffs will be referred to as the restaurant plaintiffs or intervening plaintiffs...

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