STEARNS v. COM. OF PUBLIC DOCKS


246 Or. 36 (1967)

423 P.2d 748

STEARNS ET AL, Appellants, v. COMMISSION OF PUBLIC DOCKS ET AL, Respondents.

Supreme Court of Oregon.

Affirmed February 15, 1967.


Attorney(s) appearing for the Case

Clifford D. O'Brien, Portland, argued the cause for appellants. With him on the brief was Bernard Jolles, Portland.

Verne W. Newcomb, Portland, argued the cause for respondent Portland Commission of Public Docks. With him on the brief were Sabin, Dafoe & Newcomb, Jack B. Schwartz, White, Sutherland & Gilbertson, Thomas J. White, and E. Wayne Cordes, Portland.

For respondents International Longshoremen's & Warehousemen's Union, and International Longshoremen's & Warehousemen's Union, Local 8, a brief was filed under the names Philip A. Levin, Norman Leonard, and Pozzi, Levin & Wilson, Portland.

For respondents Pacific Maritime Association and Matson Navigation Company, a brief was filed under the names of Richard L. Ernst, San Francisco, California, and Krause, Lindsay & Nahstoll, Portland.

Before PERRY, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.


AFFIRMED.

HOLMAN, J.

Plaintiffs brought this proceeding for certain injunctions and a declaratory judgment. Defendants filed demurrers on the grounds that the complaint did not set forth a cause of suit or action and, if it did, it was not a controversy over which the court had jurisdiction. The demurrers were sustained. Plaintiffs appealed from a judgment dismissing plaintiffs' complaint upon their refusal to plead further.

The plaintiff union is...

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