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Di GIORGIO FRUIT CORP. v. DEPT. OF EMPLOYMENT

Docket Nos. Sac. 7279, 7283.

56 Cal.2d 54 (1961)

362 P.2d 487

13 Cal. Rptr. 663

DI GIORGIO FRUIT CORPORATION (a Corporation), Respondent, v. DEPARTMENT OF EMPLOYMENT OF THE STATE OF CALIFORNIA et al., Defendants and Appellants. THOMAS C. BOWERS, Respondent, v. DEPARTMENT OF EMPLOYMENT OF THE STATE OF CALIFORNIA et al., Defendants and Appellants; AGRICULTURAL WORKERS ORGANIZING COMMITTEE, AFL-CIO (an Unincorporated Association), Intervener and Appellant; ARTHUR J. GOLDBERG, as Secretary of Labor, United States Department of Labor, Movant and Appellant.

Supreme Court of California. In Bank.

May 29, 1961.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, B. Abbott Goldberg and Charles A. Barrett, Assistant Attorneys General, Walter J. Wiesner, Deputy Attorney General, and Maurice P. McCaffery, Chief Counsel, Department of Employment, for Defendants and Appellants.

Simonelli and Fransen and Nels B. Fransen for Intervener and Appellant.

Laurence E. Dayton, United States Attorney, Charles Elmer Collett, Assistant United States Attorney, Kenneth C. Robertson, Regional Attorney, and Altero D'Agostini, Attorney, United States Department of Labor, for Movant and Appellant.

Laurence E. Dayton, United States Attorney, Charles Elmer Collett, Assistant United States Attorney, Kenneth C. Robertson, Regional Attorney, and Altero D'Agostini, Attorney, United States Department of Labor, as Amici Curiae on behalf of Defendants and Appellants in No. 7279.

Marion B. Plant, Brobeck, Phleger & Harrison, Rich, Fuidge, Dawson & Marsh, Rich, Fuidge & Dawson, McCutchen, Doyle, Brown & Enersen, Raymond A. Leonard, Hewitt & McBride and Loyd W. McCormick for Respondents.

Charles A. Rummell, Gerald H. Trautman and Gerald D. Marcus as Amici Curiae on behalf of Respondent in No. 7283.

TRAYNOR, J.

Petitioners, Di Giorgio Fruit Corporation and Thomas C. Bowers, brought separate actions for writs of mandate to compel respondents, the Department of Employment of the State of California and its director and employees, to refer agricultural workers to petitioners' fruit ranches during the harvest season in 1960. A strike called by the Agricultural Workers Organizing Committee, AFL-CIO, was in progress at each ranch. Pursuant to a regulation of the United...

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