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METROPOLITAN PAVING CO. v. INTERNATIONAL U. OF OP. ENG.

Nos. 41-70, 42-70.

439 F.2d 300 (1971)

METROPOLITAN PAVING COMPANY, Inc., a corporation, Gill Construction Company, a corporation, and Tecon Corporation, a corporation, formerly joint venturers doing business as Metropolitan-Gill-Tecon, Plaintiffs-Appellees, Cross-Appellants, v. The INTERNATIONAL UNION OF OPERATING ENGINEERS, an unincorporated association, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 8, 1971.

Attorney(s) appearing for the Case

L. N. D. Wells, Jr. and Otto B. Mullinax, of Mullinax, Wells, Mauzy & Collins, Dallas, Tex. (J. Albert Woll, Washington, D. C., with them on the brief), for appellant.

Bert Barefoot, Jr. and John A. Claro, Oklahoma City, Okl. (Edward H. Moler, Oklahoma City, Okl., with them on the brief), for appellees.

Before PICKETT, HILL, and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellees-employers commenced this action for damages against the appellant International Union, alleging a violation of 29 U.S.C. § 187, and 29 U.S. C. § 158(b) (4). The case was tried to a jury which returned a verdict for plaintiffs in the amount of $163,224.29.

The defendant union has appealed asserting lack of jurisdiction, several procedural errors, errors in instructions, and insufficient evidence to support the verdict...

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