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SIMPKINS v. S.W. IDAHO PAINT. DIST. C. NO. 57

No. 10738.

505 P.2d 313 (1973)

95 Idaho 165

Ross SIMPKINS and Robert Scheuffele, dba R & R Carpet Service, a partnership, Plaintiffs-Appellants, v. SOUTHWESTERN IDAHO PAINTERS DISTRICT COUNCIL NO. 57 and Thomas F. Payne, Business Manager of Southwestern Idaho Painters District Council No. 27, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied February 1, 1973.

Attorney(s) appearing for the Case

Eli A. Weston, Weston & Weston, Boise, for plaintiffs-appellants.

Wayne P. Fuller, Brauner, Fuller & Doolittle, Caldwell, for defendants-respondents.

McQUADE, Chief Justice.

This appeal requires us to examine the uncertain jurisdictional relationship between state courts and the National Labor Relations Board, in the context of an action for damages and injunctive relief from organizational picketing. To provide a framework for analyzing the jurisdictional issues, it is important to review current developments in the law of federal preemption.

I

The National Labor Relations Act,

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