Marine Cooks & Stewards, Afl v. Panama Steamship Company, Ltd.

268 F.2d 935 MARINE COOKS & STEWARDS, AFL, a voluntary association, James O. Willoughby, Virgil Rogers and Willard Rogers, Appellants, v. PANAMA STEAMSHIP COMPANY, Ltd., a corporation, et al., Appellees. No. 15637. United States Court of Appeals Ninth Circuit. June 29, 1959. J. Duane Vance, Seattle, Wash., for appellants. Summers, Bucey & Howard, Charles B. Howard, Seattle, Wash., John D. Mosser, Portland, Or., for appellees. Before POPE, HEALY and ORR, Circuit Judges. PER CURIAM. 1 The appeal in this case was from the issuance of a preliminary injunction by the trial court. The function and purpose of a preliminary injunction is to prevent irreparable injury pending an ultimate determination of the action. In the present petition four reasons are set out as grounds for rehearing. Reason designated number 2 was not urged as a specification of error on appeal and was not presented on oral argument. Said ground number 2 is that the picketing complained of was not unlawful even if the Norris-LaGuardia Act, 29 U.S. C.A. § 101 is not applicable. Inasmuch as the ground was not presented on the appeal we decline to entertain it on rehearing but leave it for consideration of…