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Building Union v. Ledbetter Erection Co., Inc., 344 U.S. 178 (1952)

Montgomery Building & Construction Trades Council v.

Ledbetter Erection Co., Inc.

No. 43

Argued November 13, 1952

Decided December 8, 1952

344 U.S. 178


Respondent filed a bill in equity in an Alabama state court to enjoin certain picketing activities, wholly peaceful, carried on by petitioner labor organizations. The court forthwith issued a temporary injunction. Subsequently, a motion by petitioners to dissolve the temporary injunction was denied by the trial court, and its order was affirmed by the State Supreme Court.

Held: The judgment of the State Supreme Court was not a "final" judgment within the meaning of 28 U.S.C. § 1257, and therefore was not reviewable by this Court. Pp. 344 U. S. 179-181.

(a) The fact that, as long as a temporary injunction is in force, it may be as effective as a permanent injunction, and that appeals from interlocutory judgments have for that reason been authorized by state legislatures and, in some circumstances, by Congress does not give interlocutory judgments the aspect of finality required by 28 U.S.C. § 1257. Pp. 344 U. S. 180-181.

(b) Since there was no final judgment of the State Supreme Court reviewable here, the writ of certiorari which was granted in this case is dismissed as improvidently granted. P. 344 U. S. 181.

Writ of certiorari dismissed.

Page 344 U. S. 179

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