# Shively v. Garage Employees Local Union No. 44

> Washington Supreme Court · December 12, 1940 · 6 Wash. 2d 560

URL: https://www.frixlaw.com/law-library/cases/3998507

## Case

- **Full name:** J. E. Shively Et Al., Appellants, v. Garage Employees Local Union No. 44 Et Al., Respondents
- **Court:** Washington Supreme Court
- **Decided:** December 12, 1940
- **Citations:** 6 Wash. 2d 560; 108 P.2d 354
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** Beals, Blake, Driver, Jeffers, Millard
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3998507

## Opinion text

I can not agree to a denial of the petition for rehearing at this time.
We have been informed that December 13, 1940, the day following the publication of our opinion, Meadowmoor Dairies v. Milk Wagon Drivers' Union , 371 Ill. 377 , 21 N.E.2d 308 , and Swing v. American Federation of Labor , 372 Ill. 91 , 22 N.E.2d 857 , were argued in the supreme court of the United States. Those two cases, upon which we relied, presented the question *Page 585
whether the right of freedom of speech was violated by injunctions restraining labor unions from picketing, which is the same question presented in the case at bar.
We should not dispose of respondents' petition for rehearing until the United States supreme court has decided the two cases cited above, as that decision will be determinative of the question now before us. In any event, we should withhold the remittitur for twenty days in order that respondents may have sufficient time in which to apply to the supreme court of the United States for a review of our opinion.
BLAKE, J., concurs with MILLARD, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3998507. Public record. Not legal advice.