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TAMPA SAND & MATERIAL CO. v. BRICKLAYERS, MASONS, PLASTERERS, MARBLE MASONS, TILE LAYERS, TERRAZZO WORKERS, AND CEMENT FINISHERS' UNION NO. 3, FLORIDA

No. 17247.

263 F.2d 300 (1959)

TAMPA SAND & MATERIAL CO., Appellant, v. BRICKLAYERS, MASONS, PLASTERERS, MARBLE MASONS, TILE LAYERS, TERRAZZO WORKERS, AND CEMENT FINISHERS' UNION NO. 3, FLORIDA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 11, 1959.

Attorney(s) appearing for the Case

Erle Phillips, Atlanta, Ga., L. Robert Frank, Tampa, Fla., Fisher, Phillips & Allen, Atlanta, Ga., Allen, Dell, Frank & Trinkle, Tampa, Fla., for appellant.

Richard E. McGee, Frank A. McClung, Brooksville, Fla., for appellee.

Before RIVES, TUTTLE, and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

The decision of this appeal is controlled by that in No. 17,246, Cone Brothers Contracting Company v. Bricklayers, Masons, Plasterers, Marble Masons, Tile Layers, Terrazzo Workers and Cement Finishers' Union 3, Florida, 5 Cir., 263 F.2d 297. Tampa Sand was a subcontractor of Cone Brothers, engaged in installing tile and similar products on the same motel job. To sustain its averment that "Plaintiff is and has...

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