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SHEET METAL WORKERS INTERN. ASS'N AFL-CIO v. SEAY

No. 82-2318.

696 F.2d 780 (1983)

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. Honorable Frank H. SEAY, District Judge of United States District Court for the Eastern District of Oklahoma; Acme Engineering & Manufacturing Corp.; Sheet Metal Workers Local No. 275, its Officers, Agents, Representatives, Employees, and Members; John H. Barton, individually and as Business Manager of Sheet Metal Workers Local No. 275, Respondents.

United States Court of Appeals, Tenth Circuit.

January 5, 1983.

Attorney(s) appearing for the Case

Donald W. Fisher, Toledo, Ohio, and Thomas F. Birmingham, Tulsa, Okl., for petitioner.

Lynn Paul Mattson and Richard L. Barnes, Tulsa, Okl. (Nichols & Wolfe, Inc., Tulsa, Okl., were also on brief), for respondent and plaintiff below, Acme Engineering & Mfg. Corp.

Thomas F. Birmingham, Tulsa, Okl. (Ungerman, Conner & Little, Tulsa, Okl., also joined in the response), for respondents and defendants below, Sheet Metal Workers Local No. 275, its officers, agents, representatives, employees and members, and John H. Barton, individually and as Business Manager of Sheet Metal Workers Local No. 275.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.

ON PETITION FOR REHEARING IN BANC

HOLLOWAY, Circuit Judge.

The mandate which issued is ordered recalled for consideration by the full court of the petition for rehearing and suggestion of rehearing in banc filed by respondent Acme Engineering and Manufacturing Corp. The panel has concluded that the petition presents no reasons justifying a rehearing. This discussion will briefly treat Acme's contentions.

First, Acme argues that where there is a joinder...

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