(DOWNLOAD) "Joseph T. Miller Construction Company v. Seymour H. Borak" by En Banc. Supreme Court of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Joseph T. Miller Construction Company v. Seymour H. Borak
- Author : En Banc. Supreme Court of Florida
- Release Date : January 22, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Heftler Construction Company, a New Jersey corporation doing business in Florida, obtained in the Circuit Court of Dade County, a final decree permanently enjoining a number of unions from engaging in a secondary boycott. It was found that the unions stopped work in a large residential project in Dade County known as Carol City, in an effort to force Heftler, the general contractor, to stop buying concrete from Acme Concrete Company, a non-union company. The unions defended solely on the ground that the state court had no jurisdiction. They contended that state power had been superseded by federal in the National Labor Relations Act. They raised this question by motion to dismiss the complaint, but the effect of defendants conduct on interstate commerce not appearing on the face of the complaint, the motion was denied. A temporary injunction was granted and affirmed by this court, per curiam. The defendants then by answer alleged the interstate character of the plaintiffs business. A trial was held on this issue. The chancellor found that the plaintiffs business. A trial was held on this issue. The chancellor found that the plaintiff was not engaged in interstate commerce and made the injunction permanent. The defendants appealed to the Florida Supreme Court but jurisdiction was declined as no constitutional question was involved and the case was transferred to this court, 112 So.2d 848. It will be convenient to refer to the parties as they were in the trial court.