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EL PASO BLDG. & CONST. TR. COUN. v. EL PASO CHAP. ASSOC. GEN. CON.

No. 22908.

376 F.2d 797 (1967)

EL PASO BUILDING & CONSTRUCTION TRADES COUNCIL, Appellant, v. EL PASO CHAPTER ASSOCIATED GENERAL CONTRACTORS OF AMERICA, Appellee. EL PASO CHAPTER ASSOCIATED GENERAL CONTRACTORS OF AMERICA, Appellant, v. EL PASO BUILDING & CONSTRUCTION TRADES COUNCIL, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 14, 1967.

Attorney(s) appearing for the Case

Malcolm McGregor, El Paso, Tex., Ernest Guinn, El Paso, Tex., Guinn & Guinn, El Paso, Tex., of counsel, for appellant-appellee.

David R. Richards, Dallas, Tex., amicus curiae.

J. F. Hulse, El Paso, Tex., Scott, Hulse, Marshall & Feuille, El Paso, Tex., of counsel, for appellee and cross-appellant.

Before HUTCHESON, WISDOM and GODBOLD, Circuit Judges.

HUTCHESON, Circuit Judge.

This appeal is from a declaratory judgment of the district court which held invalid a restrictive subcontracting clause contained in a collective bargaining contract between two parties in the construction industry. We agree that the dispute is ripe for declaratory judgment but reverse, holding that the subcontracting clause is valid.

The Union1 and the Contractors2 entered...

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