DOOLEY v. ANTON


8 N.Y.2d 91 (1960)

Paul C. Dooley, Doing Business as Dooley Provision Company, Respondent, v. Thomas Anton, Individually and as Secretary of Food Stores Local No. 34, Affiliated with Amalgamated Meat Cutters, Butchers and Allied Market Employees of AFL, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 27, 1960.


Attorney(s) appearing for the Case

Richard Lipsitz for appellants.

Donald D. Bentley for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER concur with Judge FROESSEL; Judge VAN VOORHIS concurs in a separate opinion.


FROESSEL, J.

The question we are called upon to decide is whether an injunction permanently restraining peaceful recognitional picketing by two minority unions, where the employer had recognized and contracted with a different and independent union representing a majority of his employees, may stand. It is clear that the employer's business activities affect interstate commerce for the purpose of the jurisdiction...

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