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CONSTRUCTION EMP. ASS'N OF TEX. v. INTERNATIONAL U. OF O. E.

No. 28387.

427 F.2d 230 (1970)

CONSTRUCTION EMPLOYERS' ASSOCIATION OF TEXAS et al., Plaintiffs-Appellants, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 450, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 4, 1970.

Attorney(s) appearing for the Case

V. R. Burch, Jr., Houston, Tex., for plaintiffs-appellants.

W. A. Combs, William N. Wheat, Houston, Tex., for defendant-appellee.

Before THORNBERRY, DYER and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Construction Employers' Association of Texas (Association) appeals from the dismissal of its suit under section 303 of the Labor Management Relations Act1 for damages sustained because of picketing by the International Union of Operating Engineers, Local 450, AFL-CIO (Operating Engineers) in violation of section 8(b) (4) (D) of the National Labor Relations Act.2 Because we disagree with...

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