
    Dolan Dining Co., Inc., a corporation of New Jersey, complainant-respondent, v. Cooks' and Assistants’ Union, Local No. 399, A. F. of L., Joseph A. Longo, Steve Bukowski, Francis Day and Monty Rich, defendants-appellants.
    [Submitted May term, 1939
    Decided October 26th, 1939.]
    
      Mr. Samuel H. Nelson, for the complainant-respondent.
    
      Mr. Herman Marx and Mr. Solomon Golat, for the defendants-appellants.
   Pee Cueiam.

Complainant operates a restaurant business of the “diner” type. On October 11th, 1938, certain of the employes, members of the defendant trade union local, went out on strike The order under appeal is a restraint pendente lite against picketing and incidental activities. Sufficient to say that the case comes within the ruling made concurrently herewith in Kitty Kelly Shoe Corp. v. United Retail, &c., Local 108, 126 N. J. Eq. 318. Cf. Heyl v. Culinary Alliance, Local 611, 126 N. J. Eq. 320, also concurrently decided.

The order will be reversed and the cause remanded to be proceeded with in course.

For affirmance — None.

For reversal — The Chief-Justice, Parker, Case, Bodine, Donges, Heher, Perskie, Porter, Heteield, Dear, Wells, WolesKeil, Raeeerty, Hague, JJ. 14.  