Majority
p. 910Borden's Farm Products Company, Inc., and Others, Respondents, v. Fred J. Sterbinsky, Individually and as President of Milk Wagon Drivers’ Union, Local 584, etc., and Others, Defendants. Frank McIlwaine, Appellant.
Order affirmed. No opinion. Rich, Jaycox, Manning and Young, JJ., concur; Kelly, J., dissents upon the ground that prior to the hearing of the motion the appellant had been arrested for the identical offense set forth in the moving affidavits, and after a hearing at which the complainant and the appellant were examined, was acquitted by the magistrate; that under these circumstances it was error to find the appellant guilty of contempt upon affidavits.