United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry of the United States & Canada v. Borden

In concurring with the majority opinion, I feel constrained to set down my views relative to the improper action of the trial court in sustaining petitioners’ plea in abatement and dismissing respondent’s cause of action. The writ in the present case was granted because of the tentative view that the case of Brotherhood of Railroad Trainmen v. Allen, Tex.Civ.App., 230 S.W.2d 325, wr. ref. certiorari denied 340 U.S. 934, 71 S.Ct. 501, 95 L.Ed. 674, rehearing denied 341 U.S. 906, 71 S.Ct. 611, 95 L.Ed. 1345, was controlling and required a dismissal of Borden’s suit. I do not agree with…