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ALTEMOSE CONST. v. BLDG. & CONST. TRADES COUNCIL

Nos. 83-1581, 83-1582.

751 F.2d 653 (1985)

ALTEMOSE CONSTRUCTION COMPANY, Associated Builders and Contractors, Inc., the Chamber of Commerce of the United States of America v. BUILDING & CONSTRUCTION TRADES COUNCIL OF PHILADELPHIA AND VICINITY, et al. Appeal of ALTEMOSE CONSTRUCTION COMPANY. Appeal of the CHAMBER OF COMMERCE OF the UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided January 8, 1985.

Rehearing and Rehearing Denied February 15, 1985.

Attorney(s) appearing for the Case

John W. Pelino (argued), David A. Gradwohl, Howard A. Rosenthal, Pelino & Lentz, P.C., Philadelphia, Pa., for Altemose Construction Co.

Gerard C. Smetana (argued), Gary L. Starkman, Arvey, Hodes, Costello & Burman, Chicago, Ill., for The United States Chamber of Commerce.

Richard B. Sigmond (argued), Bernard N. Katz, Margaret A. Browning, Meranze, Katz, Spear & Wilderman, Philadelphia, Pa., for Building and Construction Trades Council of Philadelphia and Vicinity, et al.

Laurence J. Cohen, Robert D. Kurnick, Sherman, Dunn, Cohen, Leifer & Counts, P.C., Washington, D.C., for Building and Construction Trades Department, AFL-CIO, amicus curiae.

Before GIBBONS and GARTH, Circuit Judges, and TEITELBAUM, District Judge.

Rehearing and Rehearing In Banc Denied February 15, 1985.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Altemose Construction Company (Altemose), a general contractor, Associated Builders and Construction Contractors, Inc. (ABC), an association of open shop contractors, and the Chamber of Commerce of the United States of America, an association whose members purchase construction and are construction users, brought this action for declaratory relief...

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