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PEPPER CONST. v. INTERN. UNION OF OPER. ENGINEERS

No. 83-2684.

749 F.2d 1242 (1984)

PEPPER CONSTRUCTION COMPANY, Plaintiff-Counterdefendant-Appellant, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, Defendant-Counterplaintiff-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 12, 1984.

Attorney(s) appearing for the Case

Michael W. Duffee, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., for plaintiff-counterdefendant-appellant.

Roger N. Gold, Gold & Polansky, Chicago, Ill., for defendant-counterplaintiff-appellee.

Before PELL and ESCHBACH, Circuit Judges, and WYATT, Senior District Judge.

PELL, Circuit Judge.

Appellant, Pepper Construction Company (Pepper), plaintiff-counterdefendant below, appeals from a district court order denying its motion for summary judgment and granting summary judgment to appellee, International Union of Operating Engineers, Local 150 (Local 150). The primary issue on appeal is whether a disclaimer made by a union at a section 10(k) hearing before the National Labor Relations Board (the Board) precludes that union from enforcing...

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