DiGiorgio Furit Corp. v. American Federation of Labor & Congress of Industrial Oragnizations

Good Law
1963 Cal. App. LEXIS 2984·215 Cal. App. 2d 560·30 Cal. Rptr. 350·53 L.R.R.M. (BNA) 2382
Court of Appeal of CaliforniaApril 30, 1963Civ. No. 10522California5,511 words

Opinion

lead Opinion

Schottky, J.

Di Giorgio Fruit Corporation commenced an action against the AFL-CIO, an unincorporated association, Norman Smith, Louis ICrainoek, DeWitt Tannehill, Franz Daniel and the Agricultural Workers Organizing Committee, an unincorporated association, alleging that the said defendants had published a libelous film entitled “Poverty in the Valley of Plenty” and praying for compensatory and punitive damages. Issue was joined and the case was tried by the court sitting without a jury. The court-found in favor of plaintiff and awarded plaintiff the sum of $100,000 as general damages and $50,000 as punitive damages. Defendants have appealed from the judgment entered in accordance with said findings.

Appellants urge a number of contentions in arguing for a reversal of the judgment, but before discussing these we shall summarize the factual situation as shown by the record. As stated by appellants, “Although the trial in this matter was a lengthy one the facts presented by the record arc substantially not in dispute.”

The Di Giorgio Fruit Corporation (hereinafter referred to as Di Giorgio) is primarily engaged in farming. It owns some 19,000 acres of agricultural land on which it produces…

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