HANNA MINING CO. v. DISTRICT 2, ETC., ASSO., 30 Wis.2d 69 (1966)

139 N.W.2d 553

HANNA MINING COMPANY and others, Appellants, v. DISTRICT 2, MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFL-CIO, and others, Respondents.

Supreme Court of Wisconsin.
February 9, 1966.

ON REMAND from the supreme court of the United States.

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Action to enjoin defendants and others from picketing plaintiffs’ vessels and the docks where they are located. This court affirmed an order of the circuit court for Douglas county dismissing the complaint on the ground of lack of jurisdiction because the matter is within the jurisdiction of the national labor relations board, and vacating a restraining order theretofore entered. The opinion appears at 23 Wis.2d 433, 127 N.W.2d 393.

The supreme court of the United States issued a writ of certiorari and reviewed our judgment. On January 6, 1966, the mandate of the supreme court was filed here, providing that the judgment of this court be reversed with costs, and that the cause be remanded here for further proceedings not inconsistent with the opinion of the supreme court, reported in 382 U.S. 181, 86 Sup. Ct. 327, 15 L.Ed.2d 254 (1965).

Plaintiffs have made a motion in this court, which has not been opposed by defendants.

PER CURIAM.

Plaintiffs have informed us that the costs awarded them in the supreme court of the United States have been paid by defendants, and we therefore need not deal with the portion of their motion which related to such costs.

The order of the circuit court from which plaintiffs appealed is reversed; the taxation of costs in favor of defendants as the prevailing party is vacated; plaintiffs may tax costs on appeal to this court as the prevailing party; the record is remanded to the circuit court for further proceedings not inconsistent with the opinion of the supreme court of the United States.

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