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DRYWALL TAPERS & POINTERS OF GREATER N.Y. v. OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASS'N

No. 398, Docket 78-7352.

601 F.2d 675 (1979)

DRYWALL TAPERS AND POINTERS OF GREATER NEW YORK, LOCAL 1974, and Charles Long et al., Individually, etc., Appellants, v. OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Burton H. Hall, New York City, for appellants.

Donald J. Capuano, Washington, D. C. (O'Donoghue & O'Donoghue, Robert Matisoff, Washington, D. C., Cohen, Weiss & Simon, Robert S. Savelson, New York City), for appellees OPCMIA and Locals 202 and 852.

Mirkin, Barre, Saltzstein & Gordon, P. C., Jeffrey Kreisberg, Great Neck, N. Y., for appellee OPCMIA Local 60.

Thomas X. Dunn, Richard M. Resnick, Washington, D. C. (Sherman, Dunn, Cohen & Leifer, Washington, D. C., of counsel), for amicus curiae Joint Administrative Committee of the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry.

Before WATERMAN, MANSFIELD and OAKES, Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiffs below, Drywall Tapers and Pointers of Greater New York, Local 1974 and certain individual members (Painters), appeal from a memorandum decision of the United States District Court for the Southern District of New York (Metzner, J.) dismissing their complaint for breach of contract under § 301(a) of the Labor Management Relations Act (29 U.S.C. § 185(a)) and dissolving a preliminary injunction previously entered against...

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