California Supreme Court, 1948

Butte v. Distillery, Rectifying & Wine Workers International Union

Butte v. Distillery, Rectifying & Wine Workers International Union
California Supreme Court · Decided February 5, 1948 · Carter, Shenk
31 Cal. 2d 867; 189 P.2d 9; 1948 Cal. LEXIS 373; 21 L.R.R.M. (BNA) 2374

Butte v. Distillery, Rectifying & Wine Workers International Union

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.

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