General Drivers, Warehousemen & Helpers, Local Union 745 v. Dallas County Const. Employers' Ass'n

On original submission I voiced my dissent; on motion for rehearing, careful and thoughtful consideration has been given to the ultimate question involved, that is, whether or not a “temporary” injunction may be granted to1 restrain appellants from the exercise of a constitutional right of ambulatory picketing in a bona fide labor dispute. The question is one of law; there exists no right vested in the trial court to exercise discretion. There is no “balancing of equities” for determination as to whether appellants have the right to exercise their constitutional rights; and there is not…