Newell v. Chauffeurs, Teamsters & Helpers Local Union 795, 40486
| Decision Date | 18 December 1957 |
| Docket Number | No. 40486,40486 |
| Citation | 319 P.2d 171,182 Kan. 205 |
| Parties | Richard NEWELL, d/b/a el Dorado Dairy, Appellee, v. CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION 795; S. E. Smith and the agents, servants, employees and attorneys of any of said defendants, Appellants. |
| Court | Kansas Supreme Court |
Russell Cranmer, Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Bernard V. Borst, D. Clifford Allison, and Gerald D. Lasswell, Wichita, for appellants.
M. F. Litras, R. C. Woodward and H. Pauline Woodward, El Dorado, for appellee
Counsel for appellants filed a motion for rehearing, which consists largely of reargument of the points previously argued and considered by the court. It presents nothing which warrants a reconsideration of the case, and the motion is denied.
Counsel state, 'This court's conclusion that appellants brought about a secondary boycott does not support paragraph C of the court's injunction wherein appellants are enjoined, not only from a secondary boycott, but also from primary boycott.'
One of the issues upon which the opinion of this case was written concerned a secondary boycott denounced by G.S.1955 Supp., 44-809a(1). Primary boycott was not an issue in this case and paragraph C of the injunction is not to be construed as having any application to primary boycott, but rather to secondary boycott only.
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Cammarano v. United States Strauss Son, Inc v. Commissioner of Internal Revenue
...1093, which placed picketing within the ambit of the First Amendment, teaches. And see Newell v. Chauffeurs, Teamsters & Helpers Local Union 795, 181 Kan. 898, 317 P.2d 817, 182 Kan. 205, 319 P.2d 171, reversed, 356 U.S. 341, 78 S.Ct. 779, 2 L.Ed.2d 809. A protest against government action ......
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CHAUFFEURS v. NEWELL
...COURT OF KANSAS. No. 847. Decided April 28, 1958. Certiorari granted and judgment reversed. 181 Kan. 898, 182 Kan. 205, 317 P.2d 817, 319 P.2d 171, reversed. Payne H. Ratner for petitioners. PER CURIAM. The petition for writ of certiorari is granted and the judgment of the Supreme Court of ......