Opinion
Calendar No. 44,563.
Decided May 18, 1950.
Appeal from Wayne; Murphy (George B.), J. Submitted April 11, 1950. (Calendar No. 44,563.) Decided May 18, 1950.
Bill by Thomas Woods, doing business as Woods' Drive-In Restaurant, against Detroit Chefs, Cooks, Pastry Chefs Association, Local No. 234, A.F. of L. to restrain picketing. Motion for temporary injunction denied. Plaintiff appeals. Reversed and temporary injunction granted.
George Bashara, for plaintiff.
Fitzgerald, O'Leary, Mayrand, Welch Brady, for defendants.
This case is controlled by Cohen v. Detroit Joint Board Amalgamated Clothing Workers of America, ante, 606.
The facts alleged, procedural status and question presented are like those in Cohen v. Detroit Joint Board Amalgamated Clothing Workers of America, ante, 606, in which opinion was this day filed. Decision here is controlled by decision there. Hence, a decree may enter in this Court which shall provide that the temporary injunction issued by this Court shall remain in full force and effect pending further order of this Court and that the cause is remanded to the court below for trial on its merits. In the event of an unappealed decision in that court adverse to plaintiff, defendant may then apply to this Court for dissolution of said injunction.
Costs of this appeal will abide final outcome of this litigation.
BOYLES, C.J., and REID, NORTH, BUTZEL, CARR, BUSHNELL, and SHARPE, JJ., concurred.