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

Nos. 85-1665, 85-2074.

885 F.2d 594 (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.

Attorney(s) appearing for the Case

Victor J. Van Bourg, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, California, for defendant-appellant.

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

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

Lawrence Gold, Washington, D.C., for the amicus District Council of Carpenters of Seattle, King County & Vicinity, and Local 3 International Union of Operating Engineers.

G. Brockwell Heylin, Washington, D.C., for the amicus Associated General Contractors of America, Inc.

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

Judd H. Lees, Williams, Kastner & Gibbs, Bellevue, Washington, for the amicus Ken Hash Construction.

Before NELSON, WIGGINS and NOONAN, Circuit Judges.

Argued En Banc and Submitted March 16, 1988.

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 between the parties. This panel affirmed, but the Laborers' suggestion for rehearing...

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