MESA VERDE CONST. CO. v. N. CAL. D. COUN. OF LABORERS

Nos. 85-1665, 85-2074.

895 F.2d 516 (1989)

MESA VERDE CONSTRUCTION CO., Plaintiff-Appellee, v. NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS, Defendant-Appellant. MESA VERDE CONSTRUCTION COMPANY, Plaintiff-Appellee, v. CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Remanded by Opinion of November 15, 1988.

Decided September 13, 1989.

As Amended on Denial of Rehearing and Rehearing January 26, 1990.


Attorney(s) appearing for the Case

Victor J. Van Bourg, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for defendant/appellant.

Mark R. Thierman, Thierman, Cook, Brown & Mason, San Francisco, Cal., for plaintiff/appellee.

Patrick J. Syzmanski, Washington, D.C., for amicus curiae N.L.R.B.

Lawrence Gold, Washington, D.C., for amicus curiae Dist. Council of Carpenters of Seattle, King County & Vicinity, and Local 3 Intern. Union of Operating Engineers.

G. Brockwell Heylin, Washington, D.C., for amicus curiae Associated Gen. Contractors of America, Inc.

Douglas N. Friefield, San Francisco, Cal., for amicus curiae W.B. Skinner, Inc.

Judd H. Lees, Williams, Kastner & Gibbs, Bellevue, Washington, for amicus curiae Ken Hash Const.

Before NELSON, WIGGINS and NOONAN, Jr., Circuit Judges.


Argued En Banc and Submitted March 16, 1988.

As Amended on Denial of Rehearing and Rehearing En Banc January 26, 1990.

WIGGINS, Circuit Judge:

The Northern California District Council of Laborers and the Carpenters 46 Northern California Counties Conference Board (collectively Laborers) appeal from the district court's declaratory judgment that Mesa Verde Construction Company (Mesa Verde) effectively repudiated pre-hire collective bargaining agreements...

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