ASPHALT PAVING v. LOCAL UNION

No. 40,282

181 Kan. 775 (1957)

317 P.2d 349

ASPHALT PAVING, INC., a Corporation, Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA, LOCAL UNION No. 795; S.E. SMITH, Individually and As Business Agent of Said Labor Organization; HOISTING AND PORTABLE ENGINEERS, LOCAL UNION No. 101; OLIN MILES, Individually and As Business Agent of Said Labor Organization, et al., Appellees.

Supreme Court of Kansas.

Opinion filed October 5, 1957.


Attorney(s) appearing for the Case

Carl T. Smith, of Wichita, argued the cause, and George B. Powers, John F. Eberhardt, Samuel E. Bartlett, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris and Gerald Sawatsky, all of Wichita, were with him on the briefs for appellant.

Russell Cranmer, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Bernard V. Borst and D. Clifford Allison, all of Wichita, were with him on the briefs for International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local Union No. 795; S.E. Smith, Individually and as Business Agent of Said Labor Organization, appellees.

John J. Manning, of Kansas City, Missouri, argued the cause, and Gerald Michaud, of Wichita, was with him on the briefs for Hoisting and Portable Engineers, Local Union No. 101, and Olin Miles, appellees.


The opinion of the court was delivered by

FATZER, J.:

The principal question here presented is whether the district court had jurisdiction to enjoin the defendant labor unions and their agents from peacefully picketing construction projects and general contractors who employed union labor, with an objective of forcing termination of their contracts with plaintiff who employed nonunion labor, the ultimate objective...

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