Opinion
No. 82-2573.
August 17, 1983. Rehearing Denied September 9, 1983.
Non-final appeal from Circuit Court, Palm Beach County; Robert S. Hewitt, Judge.
Howard S. Susskind of Kaplan, Sicking, Hessen, Sugarman, Rosenthal DeCastro, P.A., Miami, for appellants.
John F. Wymer, III, of Smith, Currie Hancock, Atlanta, Ga., and Larry A. Klein of Larry A. Klein, P.A., West Palm Beach, for appellee.
This is an appeal from an order imposing a temporary injunction. We affirm upon authority of Sears, Roebuck Co. v. San Diego County, 436 U.S. 180, 98 S.Ct. 1745, 56 L.Ed.2d 209 (1978), whose rationale is buttressed by the fact that the National Labor Relations Board had earlier determined: (1) that the conduct of Richway and its state court application were not violations of the National Labor Relations Act, and (2) that the appellants' complaint filed before us be dismissed thereby indicating that it would not provide a forum for this dispute.
AFFIRMED.
DOWNEY, HURLEY and WALDEN, JJ., concur.