Butte v. Distillery, Rectifying & Wine Workers International Union

California Supreme Court February 5, 1948

Butte v. Distillery, Rectifying & Wine Workers International Union, 31 Cal. 2d 867 (Cal. 1948)

189 P.2d 9; 1948 Cal. LEXIS 373; 21 L.R.R.M. (BNA) 2374

Carter, Shenk

Dissenting Opinion

SHENK, J.—I

dissent for the reasons stated in my dissenting opinion in In re Blaney, 30 Cal.2d 643, at page 661 [184 P.2d 892].

Opinion of the Court

CARTER, J.

In this action plaintiffs’ prayer for injunctive relief is based upon the Hot Cargo Act (Lab. Code, §§ 1131-1136), and hence is controlled by the decision in In re Blaney, 30 Cal.2d 643 [184 P.2d 892]. Here a judgment of dismissal was entered after a demurrer was sustained. On the authority of the Blaney case, the judgment is affirmed.

Gibson, C. J., Edmonds, J., Traynor, J., Schauer, J., and Spence, J., concurred.

Reference

Full Case Name: FELIX BUTTE, Jr. v. DISTILLERY, RECTIFYING AND WINE WORKERS INTERNATIONAL UNION, LOCAL NO. 45, etc.
Status: Published