Bodine Produce, Inc., an Arizona Corporation v. United Farm Workers Organizing Committee

Good Law
494 F.2d 541·85 L.R.R.M. (BNA) 2875·1974 U.S. App. LEXIS 9606
United States Court of Appeals for the Ninth CircuitMarch 19, 197472-1300California11,664 words

Opinion

Opinion

Sneed, J.

Growers and/or shippers of fresh table grapes brought this action against the United Farm Workers Organizing Committee (AFL-CIO) (hereinafter referred to as UFWOC), a labor organization, and certain individuals, as representatives of all officers, agents and members of UFWOC, for damages and injunctive relief to which they claim they are entitled, under Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, and certain Arizona statutes, because of an alleged concerted group boycott of table grapes grown in Arizona.

Original and pendent jurisdiction in the federal courts is based on 28 U.S.C. § 1337 and 15 U.S.C. § 15 .

Subsequent to the filing of the complaint, the defendants moved to dismiss the action on the ground that plaintiffs had failed to state a claim upon which relief could be granted; their contention being that the acts alleged are exempted from the prohibitions of the Sherman Act by the Clayton and Norris-La-Guardia Acts, 15 U.S.C. § 12 et seq. and 29 U.S.C. § 101 et seq. Thereafter, an amended complaint was filed and the defendants renewed their motion to dismiss. Following a hearing, the trial court denied the motion to dismiss the amended complaint but,…

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