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INTERNATIONAL UNION OF OP. ENG. v. METROPOLITAN-GILL-TECON

No. 9600.

400 F.2d 261 (1968)

The INTERNATIONAL UNION OF OPERATING ENGINEERS, an unin-corporated association, Appellant, v. METROPOLITAN-GILL-TECON, a joint venture, composed of Metropolitan Paving Co., Inc., a corporation, Gill Construction Company, a corporation, and Tecon Corporation, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

September 5, 1968.

Attorney(s) appearing for the Case

L. N. D. Wells, Jr., Dallas, Tex., (J. Albert Woll, Washington, D. C., and Mullinax, Wells, Mauzy, Levy & Richards, Dallas, Tex., with him on the brief) for appellant.

Bert Barefoot, Jr. and John A. Claro, Oklahoma City, Okl., (Edward H. Moler and Barefoot, Moler, Bohanon & Barth, Oklahoma City, Okl., of counsel, with them on the brief) for appellee.

Before MILLER, Senior Circuit Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This is an interlocutory appeal, authorized pursuant to 28 U.S.C. § 1292(b), from an order of the district court overruling defendant-appellant's motion to dismiss for lack of jurisdiction.

The plaintiff-appellee Metropolitan-Gill-Tecon is an Oklahoma joint venture, composed of two Oklahoma corporations and one Delaware corporation. The single defendant is the International Union of Operating Engineers whose principal office...

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