Pennsylvania State Chamber of Commerce v. Torquato
Decision Date | 01 October 1956 |
Docket Number | 3919 |
Citation | 125 A.2d 755,386 Pa. 306 |
Parties | PENNSYLVANIA STATE CHAMBER OF COMMERCE et al., Plaintiffs, Appellees and Cross-Appellants, v. John R. TORQUATO et al., Defendants, Appellants and Cross-Appellees. Appeal of John R. TORQUATO et al. (No. 4). Appeal of PENNSYLVANIA FEDERATION OF LABOR (No. 5). Appeal of UNITED STEELWORKERS OF AMERICA (AFL-CIO) et al. (No. 6). Appeal of PENNSYLVANIA CIO COUNCIL (No. 7). Appeal of INTERNATIONAL LADIES GARMENTS WORKERS UNION Appeal of Bertrand HOFFMAN et al. (No. 10). Appeal of Robert KYLER et al. (No. 11). Appeal of PENNSYLVANIA STATE CHAMBER OF COMMERCE et al. (No. 12). |
Court | Pennsylvania Supreme Court |
Argued June 25, 1956
Rehearing Denied Oct. 19, 1956.
Appeals, Nos. 4, 5, 6, 7, 8, 10, 11 and 12, May T., 1957 from decree of Court of Common Pleas of Dauphin County, 1956 No. 2192 Equity Docket, No. 136 Commonwealth Docket, 1956, in case of Pennsylvania State Chamber of Commerce et al. v. John R. Torquato, Secretary of the Department of Labor and Industry et al. Decree affirmed; reargument refused October 19, 1956.
Equity. Before RICHARDS, P.J., NEELY, SOHN and KREIDER, JJ.
Decree entered granting special injunction, opinion by NEELY, J Plaintiffs and defendants, respectively, appealed.
Decree affirmed; each party to pay its, his and their respective costs.
Charles E. Kenworthey, with him Charles Denby, J. Tomlinson Fort, James H. Hardie, Nicholas Unkovic, John G. Wayman and Reed, Smith, Shaw & McClay, for plaintiffs.
Leon Ehrlich, Deputy Attorney General, with him Herbert B. Cohen, Attorney General, Morley W. Baker, Special Deputy Attorney General, and Richard H. Wagner, Associate Counsel, for Secretary of Department of Labor and Industry et al., defendants.
M. H. Golstein, with him Goldstein & Barkan, for intervening defendant.
Sidney G. Handler, with him Arthur J. Goldberg, Elliot Bredhoff, Morris P. Glushien, Wilbur Daniels, and Douglass, Handler & Rosenberg, for intervening defendants.
David Cohen, for intervening defendants.
Benjamin C. Sigal, with him M. H. Goldstein and Bert Diamond, for intervening defendants.
Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Plaintiffs filed a complaint in equity seeking an injunction to restrain defendants from paying any money out of the Unemployment Compensation Fund until a decision on the claims of employes of Westinghouse Electric Corporation for unemployment compensation is made by the Superior Court; and also praying for further equitable relief. The lower Court issued a special injunction prohibiting payments out of the Fund until a decision on the merits could be made by the Superior Court, but refusing all the other equitable relief sought by the employer-complainants. From this special injunctive decree each side has appealed to this Court.
While the arguments covered a wide range, the basic issues involved are narrow: Has Equity jurisdiction, and if so, did the facts and the applicable principles of law warrant and justify the special injunctive decree made by the lower Court, or should the decree be reversed as the employes contend, or greatly broadened as the employers contend?
We adopt the following excerpts from the able comprehensive opinion of Judge NEELY speaking for the lower Court:
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