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PAINT. & DEC. CONTRAC. v. PAINT. & DEC. JOINT COMM.

No. 82-4469.

717 F.2d 1293 (1983)

PAINTING AND DECORATING CONTRACTORS ASSOCIATION OF SACRAMENTO, INC., a California non-profit corporation, Plaintiff-Appellee, v. PAINTERS AND DECORATORS JOINT COMMITTEE OF the EAST BAY COUNTIES, INC., a California non-profit corporation; Painting and Decorating Contractors of California, Inc., a California non-profit corporation; Painting and Decorating Contractors Association of Napa-Solano Counties, Inc., a California non-profit corporation; Painting and Decorating Contractors Association of the East Bay Counties, Inc., a California non-profit corporation; and District Council of Painters No. 16, an unincorporated labor organization, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

October 4, 1983.

Attorney(s) appearing for the Case

Robert C. Nicholas, Haas & Najarian, San Francisco, Cal., for plaintiff-appellee.

David A. Rosenfeld, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., for defendants-appellants.

Before MERRILL, CHOY and ALARCON, Circuit Judges.

ORDER

In our Opinion in this case, 707 F.2d 1067, we held that the lower court properly had jurisdiction over a nonsignatory to a labor agreement under § 301(a) of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185(a). We stated, "All that is required for jurisdiction to be proper under § 301(a) is that the suit be based on an alleged breach of contract between an employer and a labor organization...

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