W. C. JAMES, INC. v. OIL, CHEMICAL, ETC.

No. 80-1519.

646 F.2d 1292 (1981)

W. C. JAMES, INC., Appellant, v. OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION; Oil, Chemical and Atomic Workers International Union, Local No. 4-449; J. C. Turner and Russell T. Conlon, Representatives of the Members of International Union of Operating Engineers; and Clarence D. La Chance and Donald Morgan as Representatives of the Members of International Union of Operating Engineers, Local No. 234, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 27, 1981.


Attorney(s) appearing for the Case

P. L. Nymann, argued, Jacobs, Gaul, Nymann & Green, Sioux City, Iowa, for W. C. James, Inc.

Barbara J. Hillman, argued, and Arnold S. Rosenberg, Cornfield & Feldman, Chicago, Ill. (John R. Tadlock, Denver, Colo., of counsel), for defendants-appellees.

Barry J. Levine, Gruenberg, Souders, & Levine, St. Louis, Mo., for Operating Engineers Local 234.

MacDonald Smith, Sioux City, Iowa, for defendants-appellees J. C. Turner and Russell T. Conlon, Representatives of the members of International Union of Operating Engineers.

Before BRIGHT, Circuit Judge, GIBSON, Senior Circuit Judge, and ROSS, Circuit Judge.


ROSS, Circuit Judge.

Plaintiff, W. C. James, Inc., appeals from an order of the district court1 granting summary judgment in an action for alleged breach of a prehire agreement by defendant unions. Count I of the complaint sought damages for breach of contract from Dome Pipeline Company and Williams Brothers Engineering Company.2 Count II sought damages against the Oil, Chemical and Atomic Workers International...

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