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CONSTRUCTION & GEN. LAB. LOC. U. NO. 438 v. HARDY ENG. & CONST. CO.

No. 21636.

354 F.2d 24 (1965)

CONSTRUCTION & GENERAL LABORERS LOCAL UNION NO. 438, AFL-CIO, Appellant, v. HARDY ENGINEERING AND CONSTRUCTION COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

December 21, 1965.

Attorney(s) appearing for the Case

John S. Patton, Tom Carter, Atlanta, Ga., for appellant.

John Bacheller, Jr., Fisher & Phillips, Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, and EDGERTON and SMITH, Circuit Judges.

WILLIAM F. SMITH, Circuit Judge:

This action, under § 303 of the Labor Management Relations Act, 29 U.S.C. § 187, is for damages allegedly sustained by the plaintiff as a consequence of a secondary boycott initiated and maintained by the defendant in violation of § 8(b) (4) (i) (ii) (B) of the National Labor Relations Act, 29 U.S.C. § 158(b) (4) (i) (ii) (B). The trial of the action by the court without a jury resulted in a judgment in favor of...

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