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SCOTT v. MOORE

No. 79-1196.

680 F.2d 979 (1982)

Paul E. SCOTT, et al., Plaintiffs-Appellees, v. Bill MOORE, et al., Defendants, Laborers International Union of North America, Local No. 870, et al., Defendants-Appellants, International Union of Operating Engineers, etc., AFL-CIO, Local 450, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 1982.

Attorney(s) appearing for the Case

Martin W. Dies, Orange, Tex., for defendants-appellants.

Robert Q. Keith, Arthur R. Almquist, Beaumont, Tex., for plaintiffs-appellees.

Laurence Gold (AFL-CIO), Washington, D. C., for amicus curiae.

John H. Smither, Houston, Tex., for Assoc. Bldg. & Const.

David Crump, Houston, Tex., David T. Bryant, Nat. Right To Work Legal Defense Foundation, Inc., Springfield, Va., for Legal Foundation of America.

Before GODBOLD, Chief Judge, BROWN, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK, WILLIAMS and GARWOOD, Circuit Judges.

CHARLES CLARK, Circuit Judge:

This appeal presents important questions concerning the scope of relief available under 42 U.S.C. § 1985(3), the extent of congressional power to enact a civil remedy for wholly private infringement of constitutional rights, and the relationship between section 1985(3) and the labor relations laws. The district court, 461 F.Supp. 224, issued a permanent injunction against the defendants, including...

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