ANDERSEN CO., INCORPORATED v. INTERNATIONAL UNION OF OPERATING ENGINEERS

Nos. 9-33 and 9-34.

537 F.2d 553 (1976)

H. A. ANDERSEN CO., INCORPORATED, et al., Plaintiffs-Appellees, Cross-Appellant, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 701, Defendant-Appellant, Cross-Appellee.

Temporary Emergency Court of Appeals.

July 8, 1976.


Attorney(s) appearing for the Case

Terry DeSylvia, Black, Kendall, Tremaine, Boothe & Higgins, Portland, Or., for defendant-appellant, cross-appellee.

Michael G. Holmes, Dezendorf, Spears, Lubersky & Campbell, Portland, Or., for plaintiffs-appellees, cross-appellant.

Before CARTER, CHRISTENSEN and ESTES, Circuit Judges.


ORDER

This case is controlled by prior decisions of this court, Reed v. Kroger, Co. (Em.App.1973), 478 F.2d 1268, and United States v. Cooper (Em.App.1973), 482 F.2d 1393.

The motion of the plaintiffs to vacate the order of May 25, 1976, allowing the defendant's out-of-time filing of a notice of appeal in No. 9-33 is granted.

The motion of the plaintiffs to dismiss...

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