BUTTE v. DISTILLERY RECTIFYING AND WINE WORKERS INTERNATIONAL UNION LOCAL NO 45 (1948)

Supreme Court of California

Felix BUTTE, Jr., and A. J. Perenchio, Individually and as copartners doing business under the firm name and style of Sunnyside Winery, Plaintiffs and Appellants, v. DISTILLERY, RECTIFYING AND WINE WORKERS INTERNATIONAL UNION, LOCAL NO. 45, etc., Defendants and Respondents.

S. F. 17355.

Decided: February 05, 1948

Dearing, Jertberg & Avery and Kenneth G. Avery, all of Fresno, for appellants. Robert M. Barnard, of Fresno, and Clarence E. Todd, of San Francisco, for respondents.

In this action plaintiffs' prayer for injunctive relief is based upon the Hot Cargo Act (Labor Code, secs. 1131-1136), and hence is controlled by the decision 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.

I dissent for the reasons stated in my dissenting opinion in Re Blaney, 30 Cal.2d 643, at page 661, 184 P.2d 892.

CARTER, Justice.

GIBSON, C. J., and EDMONDS, TRAYNOR, SCHAUER, and SPENCE, JJ., concur.

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