MESA VERDE CONST. v. N. CAL. D. COUNCIL OF LABORERS

Nos. 85-1665, 85-2074.

861 F.2d 1124 (1988)

MESA VERDE CONSTRUCTION CO., Plaintiff-Appellee, v. NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS, Defendant-Appellant. MESA VERDE CONSTRUCTION COMPANY, Plaintiff-Appellee, v. CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 15, 1988.


Attorney(s) appearing for the Case

Victor J. Van Bourg, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for defendants-appellants.

Mark R. Thierman, Thierman, Cook, Brown & Mason, San Francisco, Cal., for plaintiff-appellee.

Patrick J. Syzmanski, Washington, D.C., for amicus N.L.R.B.

Lawrence Gold, Washington, D.C., for amicus Dist. Council of Carpenters of Seattle, King County & Vicinity, and Local 3 Intern. Union of Operating Engineers.

G. Brockwell Heylin, Washington, D.C., for amicus Associated General Contractors of America, Inc.

Douglas N. Friefield, San Francisco, Cal., for amicus W.B. Skinner, Inc.

Judd H. Lees, Williams, Kastner & Gibbs, Bellevue, Wash., for amicus Ken Hash Const.

Before GOODWIN, Chief Judge, WALLACE, ANDERSON, HUG, TANG, SCHROEDER, FLETCHER, POOLE, WIGGINS, BRUNETTI, and KOZINSKI, Circuit Judges.


Argued En Banc and Submitted March 16, 1988.

WIGGINS, Circuit Judge:

The Northern California District Council of Laborers and the Carpenters 46 Northern California Counties Conference Board (together Laborers) appeal from the district court's declaratory judgment that Mesa Verde Construction Company (Mesa Verde) effectively repudiated pre-hire collective bargaining agreements between the parties. Mesa Verde Constr...

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