Devon Knitwear Co. v. Levinson

This is a motion by plaintiffs, under rule 109 of the Rules of Civil Practice, to strike out the affirmative defense as insufficient in law. The particular question here arising is believed to be one of first impression.

The plaintiffs in this action against the defendant labor union seek, inter alia, a permanent injunction restraining the union and its members from picketing in the vicinity of their premises, and from doing other acts related to such picketing. The affirmative defense alleges that the union represents a majority of the employees of plaintiffs; that it has requested plaintiffs…