Opinion
Submitted May term, 1939.
Decided October 26th, 1939.
Kitty Kelly Shoe Corp. v. United Retail, c., Local 108, 126 N.J. Eq. 318, followed.
On appeal from an order of the court of chancery, whose opinion is reported in 124 N.J. Eq. 584.
Mr. Samuel H. Nelson, for the complainant-respondent.
Mr. Herman Marx and Mr. Soloman Golat, for the defendants-appellants.
Complainant operates a restaurant business of the "diner" type. On October 11th, 1938, certain of the employes, members of the defendant trade union local, went out on strike The order under appeal is a restraint pendente lite against picketing and incidental activities. Sufficient to say that the case comes within the ruling made concurrently herewith in Kitty Kelly Shoe Corp. v. United Retail, c., Local 108, 126 N.J. Eq. 318. Cf. Heyl v. Culinary Alliance, Local 611, 126 N.J. Eq. 320, also concurrently decided.
The order will be reversed and the cause remanded to be proceeded with in course.
For affirmance — None.
For reversal — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 14.