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WAGGONER v. R. McGRAY, INC.

Nos. 77-2931, 77-3774 and 78-2067.

607 F.2d 1229 (1979)

William C. WAGGONER et al., etc., Appellants, v. R. McGRAY, INC., O'Shaughnessy Construction Company, Tri-Central Construction Company, and Vernon Houghton, Appellees. C. William BURKE, et al., etc., Plaintiffs-Appellants, v. ERNEST W. HAHN, INC., etc., Defendant, Third-Party Plaintiff-Appellee, v. PETERSON BROTHERS EQUIPMENT CO., etc., Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 30, 1979.

Attorney(s) appearing for the Case

Albert Rush, Wayne Jett (argued), Los Angeles, Cal., Lewis Scott, Portland, Or., for appellants.

John H. Stephens, William R. Harmsen, Los Angeles, Cal. (argued), Stafford, Buxbaum & Chakmak, Newport Beach, Cal., for appellees.

Before HUFSTEDLER and SNEED, Circuit Judges, and SPENCER WILLIAMS, District Judge.

HUFSTEDLER, Circuit Judge:

These consolidated appeals require us to decide whether a federal court may entertain an unfair labor practice defense to enforcement of a collective bargaining agreement in an action pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, before the National Labor Relations Board ("NLRB") has exercised primary jurisdiction over the unfair labor practice charge. We...

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