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CHARLESGATE NURSING CENTER v. STATE OF R.I.

Civ. A. No. 88-0401-T.

723 F.Supp. 859 (1989)

CHARLESGATE NURSING CENTER, a limited partnership, Davenport Associates, Inc., Charlesgate Nursing Corp., Robert S. Gershkoff, Marcell A. Richard, and Paul S. Davenport, as General Partners, v. The STATE OF RHODE ISLAND and Providence Plantations, James E. O'Neil, in his capacity as Attorney General of The State of Rhode Island and Providence Plantations, the City of Providence, Colonel Walter J. Clark, in his capacity as Chief of Police of The City of Providence, District 1199 of the New England Health Care Employees Union, National Union of Hospital and Health Care Employees, AFL-CIO, United Health Care Employees, a Division of R.I. Workers Union, Local 76, S.E.I.U. AFL-CIO.

United States District Court, D. Rhode Island.

October 12, 1989.

Attorney(s) appearing for the Case

Thomas S. Brown, Providence, R.I., for plaintiffs.

Terrence Tierney, Providence, R.I., for Atty. Gen.

Edward Clifton, Providence, R.I., for City of Providence.

OPINION AND ORDER

TORRES, District Judge.

This is an action to declare void and enjoin the defendants from enforcing a Rhode Island statute that makes it a crime for an employer to utilize the services of a third party in recruiting or hiring workers to replace those who are engaged in a labor strike.

FACTS

The facts underlying this litigation are set forth in an "Agreed Statement of Facts"...

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