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LABORERS DIST. COUNCIL v. McDOWELL CONTRACTORS

No. 81-7765. Non-Argument Calendar.

680 F.2d 94 (1982)

LABORERS DISTRICT COUNCIL OF ALABAMA, on Behalf of LABORERS INTERNATIONAL LOCAL 559, et al., Plaintiffs-Appellants, v. McDOWELL CONTRACTORS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 6, 1982.

Attorney(s) appearing for the Case

Jerome A. Cooper, Birmingham, Ala., for plaintiffs-appellants.

Chris Mitchell, Birmingham, Ala., for defendants-appellees.

Before GOLDBERG, HILL and HATCHETT, Circuit Judges.

PER CURIAM:

In this appeal, we are asked whether a union or its pension fund may enforce the provisions of an area-wide "prehire" labor agreement1 against a construction contractor building a project within the covered area, when the union has not shown that it represents a majority of those working on the project in question.

In proceedings below, the district court held: (1) that in the absence of a showing of a union majority...

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