DANIELS v. SANITARIUM ASSN., INC.

Docket No. L.A. 27090.

59 Cal.2d 602 (1963)

381 P.2d 652

30 Cal. Rptr. 828

LUTHER DANIELS et al., Plaintiffs and Appellants, v. SANITARIUM ASSOCIATION, INC., et al., Defendants and Respondents.

Supreme Court of California. In Bank.

May 21, 1963.


Attorney(s) appearing for the Case

Levy, Russell, DeRoy & Geffner, Levy, DeRoy, Geffner, Kosdin & Glow and Leo Geffner for Plaintiffs and Appellants.

Paul, Hastings, Janofsky & Walker, Leonard S. Janofsky, Oliver F. Green, Jr., and Dennis H. Vaughn for Defendants and Respondents.


TOBRINER, J.

Plaintiffs confront us with the anachronistic situation that an unincorporated labor union cannot, under the decisions at common law, file suit in its own name. These older cases, of course, reflect an age when a labor union occupied a doubtful legal status. [1] For the reasons we shall later specify in more detail we believe that the role of the union in the present economy, and the statutory sanction of the union under certain circumstances...

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