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CUNNINGHAM v. INDEPENDENT SOAP & CHEMICAL WORKERS

No. 46,325

207 Kan. 812 (1971)

486 P.2d 1316

FLORENCE N. CUNNINGHAM, et al., Appellees, v. THE INDEPENDENT SOAP & CHEMICAL WORKERS OF KANSAS CITY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed July 16, 1971.

Attorney(s) appearing for the Case

Robert S. Fousek, of Kansas City, Missouri, argued the cause, and James H. Barnes, of Kansas City, was with him on the brief for the appellant.

E.J. Holland, Jr., of Spencer, Fane, Britt and Browne, of Kansas City, Missouri, argued the cause, and J.D. Lysaught, of Weeks, Thomas, Lysaught, Bingham and Johnston, Chartered, of Kansas City, was with him on the brief for the appellees. Harry L. Browne and Jack L. Whitacre, of Spencer, Fane, Britt and Browne, of Kansas City, Missouri, of counsel.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an equitable action in which members of a labor organization sought to have the district court determine that the defendant labor organization was not authorized to expel them from membership and to issue an injunction against the defendant union. The lower court found the union was without power to discipline its members by expulsion and granted the injunctive

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