INTERN. HOD CARRIERS' BLDG. AND COMMON LABORERS' UNION LOCAL 478 v. HEFTLER CONSTRUCTION CO.

No. 58-204.

103 So.2d 884 (1958)

INTERNATIONAL HOD CARRIERS', BUILDING AND COMMON LABORERS' UNION LOCAL 478-AFL-CIO, and Bernard Rubin, Business Agent of Said Union, et al., Appellants, v. HEFTLER CONSTRUCTION COMPANY, a New Jersey Corporation, admitted to do business in the State of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 5, 1958.


Attorney(s) appearing for the Case

Kaplan & Ser, Miami, and Kastenbaum, Mamber & Gopman, Miami Beach, for appellants.

Williams & Salomon, Miami, for appellee.


PER CURIAM.

Affirmed.

CARROLL, CHAS., C.J., and HORTON, J., concur.

PEARSON, Judge (concurring specially).

Inasmuch as this is an interlocutory appeal from a temporary injunction and a clear abuse of discretion has not been shown, I have concurred in the decision. However it should be noted that this decision is not a holding that as a permanent injunction it would be legally sufficient.

The terms of the injunction are so broad that they might be interpreted as follows: (1) an order to "members" of the union to work, or (2) a denial of the right to strike for any purpose. Under either of these interpretations such injunctions could not be grounded upon the alleged illegal boycott.


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