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LARRY V. MUKO, INC. v. SOUTHWESTERN PENNSYLVANIA BUILDING AND CONSTRUCTION TRADES COUNCIL

No. 77-2259.

609 F.2d 1368 (1979)

LARRY V. MUKO, INC., Appellant, v. SOUTHWESTERN PENNSYLVANIA BUILDING AND CONSTRUCTION TRADES COUNCIL, Long John Silver's Inc., and Building and Construction Trades, Council of Pittsburgh, Pennsylvania, and Vicinity.

United States Court of Appeals, Third Circuit.

Reargued May 17, 1979.

Decided July 20, 1979.

Attorney(s) appearing for the Case

Robert A. King (argued), Melvin L. Moser, Jr., Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for Larry V. Muko, Inc.

Stanford A. Segal (argued), Gatz, Cohen, Segal & Koerner, Pittsburgh, Pa., for Southwestern Pennsylvania Building and Construction Trades Council and Building and Construction Trades Council of Pittsburgh, Pennsylvania, and Vicinity.

Gilbert J. Helwig, John T. Tierney, III (argued), Joseph E. Camp, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Long John Silver's Inc.

Baker Armstrong Smith, Atlanta, Ga., Thomas J. Brackett, Center on National Labor Policy, Arlington, Va., for amicus curiae.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

Reargued En Banc May 17, 1979.

Argued May 24, 1978

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

Reargued en banc May 17, 1979

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Larry V. Muko, Inc. (Muko), a Pennsylvania corporation engaged in the general contracting business, appeals from...

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