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INTERN. U. OF OPERATING ENG. v. SULLIVAN TRANSFER

No. 80-1740.

650 F.2d 669 (1981)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 714, Plaintiff-Appellant, v. SULLIVAN TRANSFER, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied September 22, 1981.

Attorney(s) appearing for the Case

Marvin Menaker, Dallas, Tex., for plaintiff-appellant.

Clark, West, Keller & Butler, David M. Ellis, Dallas, Tex., for Sullivan Transfer.

Mullinax, Wells, Baab, Cloutman & Chapman, L. N. D. Wells, Jr., G. William Baab, Dallas, Tex., for International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America.

James L. Hicks, Jr., Dallas, Tex., for Teamsters Local 745.

Before BROWN, GOLDBERG and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 22, 1981.

AINSWORTH, Circuit Judge:

The International Union of Operating Engineers, Local 714, appeals from the district court order dismissing its suit against Sullivan Transfer, Inc., the International Brotherhood of Teamsters and a Teamsters local union. In a five-count complaint, the Operating Engineers alleged that Sullivan had assigned certain forklift work to Teamsters members which should have been assigned...

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