Hansen v. Brotherhood of Locomotive Firemen & Enginemen

TUCKETT, Justice:

In this action the plaintiff Gary S. Hansen and the other plaintiffs who were employees of Kennecott Copper Corporation seek to recover strike benefits which accrued to the plaintiffs during the 1967-1968 strike at Kennecott. These proceedings were commenced as a spurious class action1 pursuant to Rule 23(a) (3), Utah Rules of Civil Procedure.

The case was tried in the court below without a jury and judgment was entered in favor of the plaintiffs. From the judgment the defendants' have appealed to this court. '

*32In the fall of 1966, the defendants commenced a campaign among the…