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MOBILE MECHANICAL CONTRACTORS ASS'N v. CARLOUGH

No. 76-1404.

566 F.2d 1213 (1977)

MOBILE MECHANICAL CONTRACTORS ASSOCIATION, INC., Plaintiff-Appellee-Appellant, v. Edward J. CARLOUGH, Individually and as the representative of all members of the Sheet Metal Workers' International Association, K. C. Doby, Jimmy A. Hinkle, Sheet Metal Workers' International Association, an unincorporated association, Sheet Metal Workers' International Association Local Union No. 441, an unincorporated association, Defendants-Appellants-Appellees, and A. Bruce McKenzie, John R. Falvella and Edward J. Carlough, in his capacity as a Trustee of the National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 30, 1978.

Attorney(s) appearing for the Case

Donald W. Fisher, Toledo, Ohio, Roderick P. Stout, Mobile, Ala., for Carlough and Unions.

Harry Huge, Rogovin, Stern & Huge, Joel I. Klein, Washington, D. C., Jerome A. Cooper, Birmingham, Ala., for McKenzie, Falvella and Carlough.

Willis C. Darby, Jr., John Richard Carrigan, Mobile, Ala., for Mobile Mechanical Contractors.

Thomas Canafax, Jr., Chicago, Ill., Lawrence D. Ehrlich, Russell, Kan., Gerard C. Smetana, Chicago, Ill., for amicus curiae Central Fla. Sheet Metal Contractors' Assoc. Inc.

Before WISDOM, CLARK and RONEY, Circuit Judges.

CLARK, Circuit Judge:

In July of 1974, during collective bargaining negotiations, Sheet Metal Workers' International Association Local Number 441 (Local 441) presented Mobile Mechanical Contractors Association (Mobile), an employers association, a list of demands including, among others, that Mobile agree on behalf of the employers it represented to pay money to the National Stabilization Agreement of the Sheet Metal Industry Trust Fund (SASMI), an unemployment benefits...

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