Wilson v. Loew’s, Inc., 355 U.S. 597 (1958)

Wilson v. Loew’s, Incorporated


No. 33


Argued January 8, 1958
Decided March 3, 1958
355 U.S. 597

CERTIORARI TO THE DISTRICT COURT OF APPEAL OF CALIFORNIA,
SECOND APPELLATE DISTRICT

Syllabus

A number of former employees of the motion picture industry brought suit in a California state court for damages and injunctive relief against a number of motion picture producers and distributors, alleging that the latter directly or indirectly controlled all motion picture production and distribution in the United States and all employment opportunities herein, and had agreed to deny employment to all employees and persons seeking employment who refused, on grounds of the Fifth Amendment, to answer questions concerning their political associations and beliefs put to them by the Un-American Activities Committee of the House of Representatives. The action of the trial court in sustaining a demurrer to the complaint without leave to amend was affirmed on appeal on the ground that the plaintiffs had failed to allege particular job opportunities. The plaintiffs petitioned this Court for certiorari, claiming that they had been denied due process and equal protection of the laws in violation of the Fourteenth Amendment, and this Court granted certiorari.

Held: the writ is dismissed as improvidently granted because the judgment rests on an adequate state ground.

Reported below: 142 Cal.App.2d 183, 298 P.2d 152.