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REFRIGERATION CON., v. LOCAL UNION NO. 211, ETC.

No. 73-2931.

501 F.2d 668 (1974)

REFRIGERATION CONTRACTORS, INC., Plaintiff-Appellee-Cross Appellant, International Association of Machinists & Aerospace Workers, AFL-CIO Lodge No. 12, Intervenor-Plaintiff-Appellee, v. LOCAL UNION NO. 211 OF the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 5, 1974.

Attorney(s) appearing for the Case

W. Wiley Doran, Thomas J. Mitchell, Houston, Tex., for defendant-appellant-cross appellee.

Joe S. Powell, Houston, Tex., for plaintiff-appellee-cross appellant.

James P. Wolf, Houston, Tex., for Int'l Ass'n of Machinists, and others.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.

LEWIS R. MORGAN, Circuit Judge.

Following a non-jury trial, plaintiffs-appellees were awarded damages under § 303 of the Labor Management Relations Act, 29 U.S.C. § 187, for losses caused by defendant-appellant's violations of § 8 (b) (4) (i) and (ii), (B) and (D) of the Act, 29 U.S.C. § 158 (b) (4) (i) and (ii), (B) and (D). We affirm in part, reverse in part, and remand for further proceedings.

In the summer of 1970, appellee Refrigeration...

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