Taggart v. Weinacker’s, Inc., 397 U.S. 223 (1970)

CERTIORARI TO THE SUPREME COURT OF ALABAMA

Syllabus

Following the issuance of an injunction enjoining petitioners, who were picketing on the narrow sidewalk adjacent to the doorway of respondent’s store, from trespassing and interfering with the right of ingress and egress, respondent ceased operating its business and leased the premises to other store operators. The Alabama Supreme Court, which affirmed the injunction, found that the picketing "obstructed customers using the entrances to the store," based on affidavits filed by respondent, petitioners not having filed counter-affidavits.

Held: In light of the obscure record, the physical circumstances of the narrow sidewalk, and the state court’ finding of customer obstruction, together with the fact that only a bare remnant of the original controversy still exists, the writ of certiorari is dismissed as improvidently granted.

283 Ala. 171, 214 So.2d 913, certiorari dismissed as improvidently granted.