Alesna

This is an appeal from the dismissal of a complaint seeking an injunction against -the judge of the Fifth Judicial Circuit of the Territory of Hawaii and the Territory’s Attorney General, restraining them from proceeding with the prosecution of appellants under an information filed by the Attorney General. A restraining order, set aside in -the judgment, -was renewed and -since then has restrained -the appellees -from acting in the criminal prosecution.

The dismissal was -ordered upon a motion for determination of the defenses in advance -of trial under Federal Rules of Civil Procedure, rule 12(d), 28 U.S.C.A. In consideration of the appeal we are confined to the facts alleged in the pleadings.

The Attorney General’s information charges a violation of the Hawaiian statutes 1 making the violation of a temporary *177 restraining order against picketing issued by the Fifth Circuit Court a criminal offense. The restraining order was issued ex parte by the above circuit court in the progress of a strike by appellants and others in a labor dispute between Lihue Plantation Company Limited and appellants’ union, the International Longshoremen’s Union C.I.O. and its locals 149 and 149…