Kaw Paving Co v. International Union of Operating Engr

The opinion of the court was delivered by This was an action to permanently enjoin the defendants from
picketing plaintiff's supply base and operating headquarters, two
state highway road projects located in Douglas County, and all
other like and similar work projects in which plaintiff might
engage within the State of Kansas. The appeal is from a decision
and order of the district court of Douglas County granting a
temporary injunction. However, the sole appellate issue involved
is whether the trial court had jurisdiction of the subject matter
and power to grant such injunction. The first twelve paragraphs of the petition filed by the
plaintiff at the time of the commencement of the action identify
the parties and outline the factual situation on which it bases
its right to injunctive relief. They read:

"1. That plaintiff is a corporation duly organized
and existing under and by virtue of the laws of the
State of Kansas, having its office and principal
place of business at 1st and Topeka Avenue in the
City of Topeka, Shawnee County, Kansas.

"2. The International Union of Operating Engineers,
Hoisting and Portable, Local No. 101, A.F. of L., is
an unincorporated association of individuals
operating as a labor union. The defendant Leonard L.
Cowee is the president of said labor union and
resides in Kansas City, Missouri. The defendants
Ralph Barney and C.G. Hamilton are business agents
and representatives of said union, the said C.G.
Hamilton resides at Kansas City, Missouri, and the
said Ralph Barney resides in the State of Kansas.
That said defendant labor union maintains an office
and place of business at 903 Western Avenue in the
City of Topeka, where certain records of said
organization are kept and maintained and where the
business of said defendant labor union is conducted
in charge of some member or representative of said
defendant union whose name is not at this time known
to the plaintiff. That the plaintiff could not
ascertain the true names of the defendants, John Doe
and Richard Roe, nor their places of residence, but
that said defendants are either members, employees,
agents or representatives of the defendant,
International Union of Operating Engineers, Hoisting
and Portable, Local No. 101, A.F. of L., and are
acting on its behalf, and are those several persons
now engaged in picketing and other acts herein
complained of and sought to be enjoined at the places
of plaintiff's present operations in Douglas County,
Kansas, as herein described.