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SUN-LAND NURSERIES v. SOUTHERN CAL. DIST. COUNCIL

No. 85-6029.

769 F.2d 1381 (1985)

SUN-LAND NURSERIES, INC., a California corporation, Plaintiff-Appellant, v. SOUTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted July 8, 1985.

Decided August 27, 1985.

Attorney(s) appearing for the Case

Van A. Goodwin, Littler, Mendelson, Fastiff & Tichy, San Diego, Cal., for plaintiff-appellant.

Julius Reich & Alexander B. Cvitan, Reich, Adell & Crost Los Angeles, Cal., for defendants-appellees.

Before WALLACE, TANG, and WIGGINS, Circuit Judges.

WALLACE, Circuit Judge:

Sun-Land Nurseries, Inc. (Sun-Land) appeals from the district court's judgment that certain hot cargo agreements fall within the construction industry proviso to section 8(e) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(e), and that therefore those agreements are automatically exempt from antitrust scrutiny under sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. We have jurisdiction under 28 U.S.C. §...

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