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McNALLY PITTSBURG, INC. v. INTERN. IRON WORKERS

Nos. 84-2672, 84-2758.

812 F.2d 615 (1987)

McNALLY PITTSBURG, INC., Plaintiff-Appellee, Cross-Appellant, v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS, AFL-CIO; United Brotherhood of Carpenters, Joiners of America, AFL-CIO, Defendants-Cross Claimants-Appellants, Cross-Appellees, Iron Workers Union, 27; Millwrights Local 722; Carpenters, Local 1498, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

February 23, 1987.

Attorney(s) appearing for the Case

Sandra Benson (Victor J. Van Bourg also of Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal.; and Stephen W. Cook of Stephen W. Cook & Associates, P.C., Midvale, Utah, on the briefs) for defendants-appellants-cross-appellees.

Homer L. Deakins, Jr., of Ogletree, Deakins, Nash, Smoak and Stewart, Atlanta, Ga. (Michael J. Bartlett of Ogletree, Deakins, Nash, Smoak and Stewart, Washington, D.C.; and Brian W. Steffensen of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, on the briefs) for plaintiff-appellee-cross-appellant.

Before BARRETT and TACHA, Circuit Judges and BOHANON, District Judge.

This is an appeal from a judgment of the United States District Court for the district of Utah declaring that the defendants, various international and local labor organizations, have no enforceable rights against the plaintiff, McNally Pittsburg, Inc., under a Memorandum of Understanding executed by the parties. In affirming the decision reached by the District Court, we need only address three of the contentions raised by the parties:1 (1) whether...

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