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UNITED STEELWORKERS OF AMERICA v. PHELPS DODGE CORP.

No. 86-2811.

833 F.2d 804 (1987)

UNITED STEELWORKERS OF AMERICA; United Steelworkers of America, Local 4776; International Association of Machinists and Aerospace Workers, Lodge No. 1357; International Brotherhood of Electrical Workers, Local 523; United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 741; International Union of Operating Engineers, Local 428; United Transportation Union, Local 807; Ronald Rhodes; William Hunter; William Puffer; Diana Pino Vega; Shea Burkhead; Amado Gonzalez; Art Galvez; Antonio Santiago; David Williams; Jose Ortiz; Richard Olea; Jerry Wolgamuth; Natalie Munoz; Soila Bon; George Bustamante, individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. PHELPS DODGE CORPORATION, a New York corporation; Arizona Department of Public Safety; R.L. Carson, individually and as an Arizona Department of Public Safety Officer; Helen Gilmartin; Pima County, Arizona, a political subdivision of Arizona; Clarence Dupnik, individually and as Pima County Sheriff; J.W. Bowman, individually and in official capacity; R. Benson, individually and in official capacity; C. Kaylor, individually and in his official capacity; John Doe Jett, individually and in official capacity; Dan Ludwickzak, individually and in his official capacity; John Gilmartin, individually and in his official capacity; Ron Lee, individually and in his official capacity; David Allen, individually and in his official capacity; Geoffrey Cheadle, Jr., individually and in his official capacity; Kathy Casteel, individually and in her official capacity; Rita Jett, individually and in her official capacity; James Sheets, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1987.

Attorney(s) appearing for the Case

Jeffrey Freund, Bredhoff & Kaiser, Washington, D.C., for plaintiffs-appellants.

James G. Speer, Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for defendants-appellees.

Before WRIGHT, FARRIS and NOONAN, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This case presents the sole question whether sufficient evidence was presented to defeat a motion for summary judgment. Following a bitter strike, the unions representing Phelps Dodge Employees in Ajo, Arizona sued the company, law enforcement officials, and others for conspiring to violate the civil rights of the strikers. The district court granted summary judgment for Phelps Dodge, and the unions appealed. We affirm.

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