Dooley v. Anton

MoClusky, J. (dissenting).

I dissent and vote to reverse the order below and to dismiss the application to appoint a Referee to ascertain damages by reason of a temporary injunction granted August 1,1958. The action was commenced to restrain the defendants and their unions from picketing the plaintiff’s place of business to coerce him into the recognition of a different union from the one with which the employer had a valid contract.

The plaintiff took the position that the defendants violated the law and that the State was not pre-empted from that field. The condition of the bond was that the…