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BUILDING PRODUCTS v. ARIZ. DEPT. OF E. SEC.

No. 1 CA-CIV 4245.

124 Ariz. 437 (1979)

604 P.2d 1148

BUILDING PRODUCTS COMPANY an Arizona Corporation; and Del E. Webb Development Company an Arizona Corporation, Plaintiffs-Appellants, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an Agency of the State of Arizona, Construction Production & Maintenance Laborers' Local No. 383, AFL-CIO, an unincorporated labor organization; United Brotherhood of Carpenters' and Joiners of America and Local Union No. 906 and Local Union No. 1089, AFL-CIO, unincorporated labor organizations; International Union of Operating Engineers Local No. 428, AFL-CIO, an unincorporated labor organization; Oliver E. Reed; Edward L. Alcorn, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 21, 1979.

Review Denied January 15, 1980.

Attorney(s) appearing for the Case

Snell & Wilmer by Frederick K. Steiner, Jr., Phoenix, for appellant Building Products Co.

Kaplan, Kaplan, Jacobowitz & Hendricks, P.A., by James P. Hendricks, Phoenix, for appellant Del E. Webb Development Co.

John A. LaSota, Jr., former Atty. Gen., Robert K. Corbin, Atty. Gen., by Frank Sagarino, Asst. Atty. Gen., Phoenix, for defendant-appellee Arizona Dept. of Economic Security.

Ward & Keenan, Ltd., by A.D. Ward, Phoenix, for defendants-appellees Laborers' 383 Operating Engineers' 428, Oliver E. Reed and Edward L. Alcorn, United Brotherhood of Carpenters and Joiners of America, Local Unions No. 906 and 1089, AFLCIO.

McKendree & Lubin by John F. Sass, Stanley Lubin, Phoenix, for defendant-appellee United Brotherhood of Carpenters' and Joiners' of America, Local Unions No. 906 and 1089, AFL-CIO.

Minne & Sorenson by Richard Minne, Phoenix, for Cement Masons.

OPINION

WREN, Presiding Judge.

This consolidated appeal concerns the award of unemployment compensation to striking workers. The facts of both cases are similar and not in dispute. The Del E. Webb Development Company (Devco) had a collective bargaining agreement with a number of unions which expired on May 31, 1976. Similarly, Building Products Company (B.P.C.) had a contract with Construction Production and Maintenance Laborers' Union, Local No. 383 which...

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