TOYOTA LANDSCAPE CO., INC. v. BLDG. MATERIAL & DUMP TRUCK DRIVERS LOCAL 420, INTERN. BROTH. OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA

Nos. 83-5644, 83-5659 and 83-6545.

726 F.2d 525 (1984)

TOYOTA LANDSCAPE COMPANY, INC., and Sun-Land Nurseries, Inc., California corporations, Appellants, v. BUILDING MATERIAL AND DUMP TRUCK DRIVERS LOCAL 420, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, an unincorporated association, Appellee. TOYOTA LANDSCAPE COMPANY, INC., and Sun-Land Nurseries, Inc., California corporations, Appellees, v. BUILDING MATERIAL AND DUMP TRUCK DRIVERS LOCAL 420, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, an unincorporated association, Appellant. TOYOTA LANDSCAPE COMPANY, INC. and Sun-Land Nurseries, Inc., California corporations, Appellants, v. BUILDING MATERIAL AND DUMP TRUCK DRIVERS LOCAL 420, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, an unincorporated association, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1984.


Attorney(s) appearing for the Case

Spencer Hipp, San Francisco, Cal., Littler, Mendelson, Fastiff & Tichy, San Diego, Cal., for appellants.

Robert D. Vogel, Pappy, Kaplon, Vogel & Phillips, Los Angeles, Cal., for appellee.

Before GOODWIN and ANDERSON, Circuit Judges, and KING, District Judge.


GOODWIN, Circuit Judge.

Two landscape employers appeal the dismissal of their action for breach of contract filed under 29 U.S.C. § 185(a) against Local 420 and an action for "conspiracy to breach contract" against Local 420 and two other unions. Originally four landscapers sought damages, specific performance, punitive damages, attorneys' fees and costs. The trial court dismissed the conspiracy claim with prejudice...

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