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WAXMAN v. COMMONWEALTH

123 S.E.2d 381 (1962)

203 Va. 257

Martin L. WAXMAN v. COMMONWEALTH of Virginia. Leona CORRELL v. COMMONWEALTH of Virginia. Angelo GIORDANO v. COMMONWEALTH of Virginia. Josephine SPENCE v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

Rehearing Denied March 5, 1962.

Attorney(s) appearing for the Case

John M. Goldsmith, Robert S. Irons, Radford (Goldsmith & Irons, Radford, on brief), for plaintiffs in error.

D. Gardiner Tyler, Asst. Atty. Gen. (Frederick T. Gray, Atty. Gen., on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

PER CURIAM.

The appellants were convicted and fined $50 each for violating the third paragraph of § 40-64 of the 1950 Code of Virginia, which is in the following words:

"When a strike or lockout is in progress, no person who is not, or immediately prior to the time of the commencement of any strike or lockout was not, a bona fide employee of the business or industry being picketed shall participate in any picketing or any picketing activity with respect...

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