PENCE CONST. CORP. v. HOISTING & PORTABLE ENG. LOC. 450, ETC.

No. 73-1334. Summary Calendar.

484 F.2d 398 (1973)

PENCE CONSTRUCTION CORPORATION, Plaintiff-Appellee, v. HOISTING AND PORTABLE ENGINEERS LOCAL 450 OF the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 4, 1973.


Attorney(s) appearing for the Case

W. Arthur Combs, W. Dickinson Yale, Jr., Houston, Tex., for defendant-appellant.

A. J. Harper, II, L. G. Clinton, Jr., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.


GOLDBERG, Circuit Judge:

In this appeal from an award of damages for losses resulting from a labor strike, we are asked to determine whether a union that has engaged in a strike in violation of a collective bargaining agreement is relieved of liability in damages by reason of the contracting company's prior breach of the same agreement. The United States District Court for the Southern District of Texas held that prior breach does not preclude the payment of damages...

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