Western Hills Theaters, Inc. v. Motion Picture MacHine Operators Local Union No. 330

OPINION

LANGDON, Justice.

This is an interlocutory appeal from a judgment denying the appellant’s request for a temporary injunction. The trial court refused to enjoin peaceful picketing conducted since November 9, 1972, near the appellant theater’s box office, in a shopping center in Fort worth.

Plaintiff-Appellant, Western Hills Theaters, Inc., seeks a permanent injunction and actual and exemplary damages allegedly resulting from defendant union’s picketing of plaintiff’s theater at a place immediately in front of the theater building.

Pending trial of the damage action, plaintiff sought a…