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LOCAL U. NO. 48 OF SHEET METAL WKRS. INT. ASS'N v. HARDY CORP.

No. 20759.

332 F.2d 682 (1964)

LOCAL UNION NO. 48 OF SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, Appellant, v. The HARDY CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 23, 1964.

Attorney(s) appearing for the Case

Jerome A. Cooper, Birmingham, Ala., Donald W. Fisher, Toledo, Ohio, Mulholland, Hickey & Lyman, Toledo, Ohio, Cooper, Mitch & Crawford, Birmingham, Ala., of counsel, for appellant.

Louis Sherman, Washington, D. C., amicus curiae.

M. L. Taliaferro, C. V. Stelzenmuller, Birmingham, Ala., Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., of counsel, for appellee.

Before BELL, Circuit Judge, and INGRAHAM, District Judge.

GRIFFIN B. BELL, Circuit Judge.

The sole question presented by this appeal is whether a hot cargo clause contained in a contract between a contractor and a labor union in the construction industry may be judicially enforced. The relevant facts are undisputed. The case comes here from an order of the District Court holding the clause in question valid but denying enforcement, and dismissing the complaint in which enforcement was sought except insofar as the order constituted...

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