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District Court of Appeal, Second District, Division 2, California.

KEITH GARRICK, INC., a corporation, et al., Plaintiffs and Respondents, v. LOCAL NO. 2, etc., et al., Defendants and Appellants.

M. J. RUSSO, INC., a corporation, Plaintiff and Respondent, v. LOCAL NO. 2, etc., et al., Defendants and Appellants.

Civ. 26364, 26365.

Decided: February 27, 1963

Lazarus, Brundage & Neyhart and Eugene Miller, Mantalica, Barclay & Teegarden and Lewis C. Teegarden, Los Angeles, for appellants. Earl Klein, Beverly Hills, for respondents.

These are companion declaratory relief actions in which plaintiffs seek (1) a declaration that certain provisions of a collective bargaining agreement in the plastering industry are invalid; (2) injunction to prevent the enforcement of such invalid provisions; and (3) damages. All plaintiffs later waived damages. The trial court found the challenged provisions of the agreement are invalid and enjoined their enforcement. After the cases had been placed on the calendar in this court for argument the seven unions and the individuals representing said unions dismissed their respective appeals.1

At the time for argument the court was advised that the agreement involved in these cases had expired, and that a new and different agreement had been executed. It therefore appears that these cases are now moot and that the appeals should be dismissed for that reason.

The appeal in each case is dismissed.


1.  This left The Contracting Plasterers Association of Southern California, Inc., and certain individuals representing either this association or the Joint Conference Board that was set up by the collective bargaining agreement as the appellants.In the interest of completeness it is appropriate to note that there was a third companion case (Local No. 739 of the Operative Plasterers and Cement Masons International Association vs. M. J. Russo, Inc., No. 26366) in which Local No. 739 sought confirmation of an award of $41,975.00 by the Joint Conference Board against Russo for asserted violations of the agreement. The trial court vacated and set aside this award and denied the petition to confirm it. Local No. 739 filed notice of appeal from this judgment. Prior to argument, however, the union dismissed its appeal.

FOX, Presiding Justice.

ASHBURN and HERNDON, JJ., concur.