(DOWNLOAD) "Clinton O. Tolliver Et Al. v. Standard Oil" by Supreme Court of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: Clinton O. Tolliver Et Al. v. Standard Oil
- Author : Supreme Court of Missouri
- Release Date : January 08, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a suit for damages in two counts. The eleven plaintiffs originally filed separate suits of identical nature which
were consolidated by court order. Since the consolidation is not under attack, the cases will sometimes be referred to as
one action. Count 1 of the petition purports to state a cause of action against Standard Oil Company only for its alleged
failure to furnish a service letter in compliance with § 290.140, RSMo 1959, V.A.M.S. The damages sought on this
count in each case are $5,000 actual and $5,000 punitive. Count 1 was dismissed by the trial court for failure to state a
claim. Count 2 of the petition undertakes to charge Standard and its plant managers with conspiracy to injure the plaintiffs,
to cause them to be discharged from their employment and to prevent them from obtaining suitable employment elsewhere. The
damages sought on Count 2 are $50,000 actual and $100,000 punitive. On defendants' motion, judgment was rendered for them
on Count 2 based on the pleadings, admissions of the parties, and affidavits and exhibits on file. From these sources we state
the salient facts giving rise to this litigation. On July 8, 1959, employees of Standard at its Sugar Creek Refinery in Jackson County, represented by the Oil, Chemical and
Atomic Workers International Union, went on strike and established picket lines at the plant entrances. The plaintiffs were
among the strikers. On August 11, 1959, the Circuit Court of Jackson County issued a temporary injunction against fourteen
named individual defendants, including the plaintiffs, and others acting in concert with them, enjoining them from committing
or attempting to commit certain acts of violence and interference with employees and others undertaking to enter the Sugar
Creek Plant or doing business with the Company. Thereafter, an information was filed charging these plaintiffs, among others,
with criminal contempt for violation of the injunction and an order to show cause was issued September 16, 1959. The parties
were served and a hearing was had at which these plaintiffs appeared in person and were represented by counsel. On the evidence
adduced, the court made detailed findings that the parties had committed forbidden acts ranging from threats and intimidation
to acts of extreme violence such as damaging and overturning automobiles and the assaulting and beating of other employees
attempting to report for work. By its order entered October 23, 1959, the Circuit Court of Jackson County found these plaintiffs
guilty of criminal contempt and assessed their punishment at imprisonment in the county jail for terms ranging from thirty
days to six months. No appeal was taken; however, the convicted employees sought release from custody by petitions for writs
of filed in the Supreme Court of Missouri and in the District Court of the United States for the Western District of Missouri.
These attempts were unsuccessful and the terms of imprisonment were served as ordered.
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