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FRITO-LAY, INC. v. RETAIL CLERKS U. LOCAL NO. 7

Nos. 78-1724, 79-1111.

629 F.2d 653 (1980)

FRITO-LAY, INC., Plaintiff-Appellant, v. RETAIL CLERKS UNION LOCAL NO. 7, Chartered by the Retail Clerks International Association, Defendant-Appellee. L'EGGS PRODUCTS, INC., Plaintiff-Appellant, v. RETAIL CLERKS UNION LOCAL NO. 7, Chartered by the Retail Clerks International Association, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 12, 1980.

Rehearing Denied October 15, 1980.

Attorney(s) appearing for the Case

Duane C. Aldrich, Atlanta, Ga. (Mary Louise Westmoreland and R. Slaton Tuggle, III, Atlanta, Ga., and Charles J. Kall, of Holme, Roberts & Owen, Denver, Colo., of counsel, with him, on brief), of Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., for plaintiff-appellant Frito-Lay, Inc.

Stuart H. Young, Jr. and Stanley E. Tobin, Los Angeles, Cal. (John D. Phillips, Jr. of Yegge, Hall & Evans, Denver, Colo., of counsel, with them on brief), of Hill, Farrer & Burrill, Los Angeles, Cal., for plaintiff-appellant L'Eggs Products, Inc.

Walter C. Brauer, III and Thomas B. Buescher of Brauer, Simons & Buescher, P. C., Denver, Colo., for defendant-appellee Retail Clerks Union Local No. 7.

Before SETH, Chief Judge, and LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

These cases both deal with the legality of a provision in the collective bargaining agreement between the Retail Clerks Union Local No. 7 (the Clerks) and a multi-employer bargaining group known as the Denver Retail Grocers (the Grocers), and the Clerks' efforts to procure and enforce the provision. The provision prohibits employees of suppliers, including salesmen employed by Frito-Lay, Inc. and L'Eggs Products, Inc., from entering retail...

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