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GREAT LEOPARD MARKET CORP. v. AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN NORTH AMERICA (01/07/64)

January 7, 1964

GREAT LEOPARD MARKET CORP., INC.
v.
AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, APPELLANT.



Appeal, No. 147, Jan. T., 1963, from decree of Court of Common Pleas of Delaware County, No. 24 of 1963, in case of Great Leopard Market Corporation, Inc., doing business as King Jack's Foodarama, Big C Shopping Center, Inc., and Burt's Pennsylvania, Inc. v. Amalgamated Meat Cutters and Butcher Workmen of North America, Local 196. Decree, as modified, affirmed.

COUNSEL

Richard H. Markowitz, with him Richard Kirschner, Louis H. Wilderman, and Wilderman, Markowitz & Kirschner, for appellant.

Garland D. Cherry, with him Kassab, Cherry and Curran, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: O'brien

[ 413 Pa. Page 144]

OPINION BY MR. JUSTICE O'BRIEN

The plaintiffs-appellees, the Great Leopard Market Corp., Inc., d/b/a King Jack's Foodarama, Big C Shopping Center, Inc., and Burt's Pennsylvania, Inc. are business corporations organized under the laws and statutes of the Commonwealth of Pennsylvania with offices in Chester, Delaware County, Pennsylvania.

The defendant-appellant is the Amalgamated Meat Cutters and Butcher Workmen of North America, Local 196, an unincorporated association, organized and operating as a labor union with offices in Philadelphia, Pennsylvania.

A dispute arose as to the right of the King Jack's Foodarama to bargain collectively with the defendant.

[ 413 Pa. Page 145]

On December 18, 1962 the defendant filed charges of unfair labor practices against King Jack's Foodarama in the Philadelphia Regional Office of the National Labor Relations Board.

On December 28, 1962 approximately seven of King Jack's Foodarama's fifty employees went on strike and began picketing the Foodarama place of business. The Foodarama is located in a shopping center which fronts on a parking lot. There is only one entrance to the parking lot and this is through a four lane wide driveway. Burt's Pennsylvania, Inc. also fronts on the parking lot with the one driveway entrance. Big C Shopping Center, Inc., is the owner of the building in which the two stores are located. Only Foodarama was engaged in the labor dispute. Burt's and Big C Shopping Center were not parties to any labor trouble. The pickets placed themselves in this driveway and thus impeded the flow of business into the shopping center. Some vehicles turned away and did not enter. The strikers also set up picketing in the front and rear of Foodarama and pickets were placed at a footbridge connecting a municipal parking lot with plaintiff's property.

The plaintiffs then filed a petition seeking a preliminary injunction to compel the defendants to cease picketing. On the 7th day of January, 1963, the Court of Common Pleas of Delaware County, sitting in equity, granted an injunction upon findings of violence ...


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