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LARRY V. MUKO, INC. v. SOUTHWESTERN PA., ETC.

Nos. 81-1696 to 81-1698.

670 F.2d 421 (1982)

LARRY V. MUKO, INC., Appellant in No. 81-1696, v. SOUTHWESTERN PENNSYLVANIA BUILDING AND CONSTRUCTION TRADES COUNCIL and Long John Silver's, Inc., Building Council of Pittsburgh, Pa. & Vicinity, Southwest Building Trades Council and Pittsburgh Building Trades Council, Appellants in No. 81-1697. Long John Silver's, Inc., Appellant in No. 81-1698.

United States Court of Appeals, Third Circuit.

Decided January 25, 1982.

Rehearing and Rehearing Denied February 17, 1982.

Attorney(s) appearing for the Case

Stanford A. Segal (argued), Gatz, Cohen, Segal & Koerner, Pittsburgh, Pa., for Southwest Bldg. Trades Council and Pittsburgh Bldg. Trades Council.

Daniel I. Booker (argued), Ira S. Lefton, Reed Smith Shaw & McClay, Pittsburgh, Pa., for Long John Silvers, Inc.

R. A. King (argued), Melvin L. Moser, Jr., Buchanan, Ingersoll, Rodewald, Kyle & Buerger, P.C., Pittsburgh, Pa., for Larry V. Muko, Inc.

Before ADAMS, VAN DUSEN and SLOVITER, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 17, 1982.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is the second time this case has come before us. In Larry V. Muko, Inc. v. Southwestern Pennsylvania Building and Construction Trades Council, 609 F.2d 1368 (3d Cir. 1979) [Muko I], this Court, sitting in banc, reversed a district court order granting defendant's motion for a directed verdict...

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