Keith Garrick, Inc. v. Local No. 2 of the Operative Plasterers & Cement Masons International Ass'n

Good Law
213 Cal. App. 2d 434
Court of Appeal of CaliforniaFebruary 27, 1963Civ. No. 26364; Civ. No. 26365California291 words

Opinion

lead Opinion

Fox, J.

These are companion declaratory relief actions in which plaintiffs seek (1) a declaration that certain provisions of a collective bargaining agreement in the plastering industry are invalid; (2) injunction to prevent the enforcement of such invalid provisions; and (3) damages. All plaintiffs later waived damages. The trial court found the challenged provisions of the agreement are invalid and enjoined their enforcement. After the cases had been placed on the calendar in this court for argument the seven unions and the individuals representing said unions dismissed their respective appeals. *

At the time for argument the court was advised that the agreement involved in these cases had expired, and that a new and different agreement had been executed. It therefore ap *436 pears that these cases are now moot and that the appeals should be dismissed for that reason.

The appeal in each ease is dismissed.

Ashburn, J., and Herndon, J., concurred.

A petition for a rehearing was denied March 27 , 1963.

This left The Contracting Plasterers Association of Southern California, Inc., and certain individuals representing either this association or the joint conference board that was set up…

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