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UNITED FOOD & COM. WKRS. v. FOOD EMPLOYERS COUNCIL

No. 85-6081.

827 F.2d 519 (1987)

UNITED FOOD & COMMERCIAL WORKERS LOCAL UNION NUMBERS 137, 324, 770, 899, 905, 1167, 1222, 1428, and 1442, Plaintiffs-Appellants, v. FOOD EMPLOYERS COUNCIL, INC.; Albertson's, Inc.; American Stores Co.; Alpha Beta Co.; Arden Group, Inc; the Boys Market, Inc.; Federated Department Stores, Inc.; Household International, Inc., Vons Grocery Co.; Hughes Markets, Inc.; Lucky Stores, Inc.; Safeway Stores, Inc.; Stater Brothers, Inc.; and Joseph M. McLaughlin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1987.

Attorney(s) appearing for the Case

Nicholas W. Clark, Washington, D.C., and Steven J. Kaplan, Los Angeles, Cal., for plaintiffs-appellants.

William B. Irvin, Los Angeles, Cal., and Richard W. Odgers, San Francisco, Cal., for defendants-appellees.

Before BROWNING, Chief Judge, GOODWIN and FARRIS, Circuit Judges.

JAMES R. BROWNING, Chief Judge:

Appellant unions brought suit against appellee employers alleging that a "most-favored nations" clause in their collective-bargaining agreement violates the antitrust laws. The unions sought a judgment declaring the clause illegal and enjoining its enforcement. The district court dismissed on the ground that the unions lacked standing to challenge the agreement under the antitrust laws. We affirm dismissal of the unions' claim for injunctive...

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