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ABREEN CORP. v. LABORERS' INTERN. UNION

Nos. 82-1149 to 82-1151, 82-1158 to 82-1160, 82-1191 and 82-1206.

709 F.2d 748 (1983)

ABREEN CORP., Plaintiff, Appellee, v. LABORERS' INTERNATIONAL UNION, N.A., AFL, AFL-CIO, Defendant, Appellant. ABREEN CORP., Plaintiff, Appellee, v. LABORERS' INTERNATIONAL UNION, N.A., AFL, AFL-CIO, et al., Defendants, Appellees. Massachusetts Laborers' District Council, Defendant, Appellant. ABREEN CORP., Plaintiff, Appellee, v. LABORERS' INTERNATIONAL UNION, N.A., AFL, AFL-CIO, et al., Defendants, Appellees. Laborers' Local 609, Defendant, Appellant. Martin BERNARD, et al., Plaintiffs, Appellees, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, Defendant, Appellant. Martin BERNARD, et al., Plaintiffs, Appellees, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, et al., Defendants, Appellees. Laborers' Local 609, Defendant, Appellant. Martin BERNARD, et al., Plaintiffs, Appellees, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, et al., Defendants, Appellees. Massachusetts Laborers' District Council, Defendant, Appellant. ABREEN CORP., Plaintiff, Appellant, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, et al., Defendants, Appellees. Martin BERNARD, et al., Plaintiffs, Appellants, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 14, 1983.

As Modified on Denial of Rehearing and Rehearing July 28, 1983.

Attorney(s) appearing for the Case

Paul F. Kelly, Boston, Mass., with whom Segal, Roitman & Coleman, Boston, Mass., was on brief, for Laborers' Local 609.

Theodore T. Green, Asst. Gen. Counsel, Washington, D.C., with whom Harold B. Roitman, Segal, Roitman & Coleman, Boston, Mass., and Robert J. Connerton, Washington, D.C., were on brief, for Laborers' Intern. Union of North America, AFL-CIO.

Robert P. Corcoran, Boston, Mass., with whom Stoneman, Chandler & Miller, Boston, Mass., was on brief, for Abreen Corp.

Laurence J. Donoghue, Boston, Mass., with whom Deutsch, Weintraub & Glazerman, P.C., Boston, Mass., was on brief, for Martin Bernard and Isadore Wasserman.

Richard W. Coleman, Sharon M. Livesey and Segal, Roitman & Coleman, Boston, Mass., on brief, for Mass. Laborers' Dist. Council.

Before PECK, Senior Circuit Judge, CAMPBELL and BREYER, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing En Banc July 28, 1983.

LEVIN H. CAMPBELL, Chief Judge.

This labor case requires a resolution of difficult questions concerning illegal secondary activity, and a determination of the extent and amount of liability for such activity. The facts as found by the district court are as follows:

In August 1978 Martin Bernard and Isadore Wasserman secured rights to construct...

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