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  5. 907 F.2d 1228 (1990)
 

JOHN B. CRUZ CONST. CO., INC. v. LOCAL 33

Nos. 89-1835, 89-1923.

907 F.2d 1228 (1990)

JOHN B. CRUZ CONSTRUCTION CO., INC., Plaintiff-Appellee, Cross-Appellant, v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 33, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided June 29, 1990.

Attorney(s) appearing for the Case

Michael A. Feinberg, with whom Aaron D. Krakow, Christopher N. Souris, and Feinberg, Feld, Charnas & Schwartz, Boston, Mass., were on brief, for United Broth. of Carpenters and Joiners of America, Local 33.

Robert P. Corcoran, with whom Gleeson & Corcoran, Boston, Mass., was on brief, for John B. Cruz Const. Co., Inc.

Before BOWNES, Senior Circuit Judge, and TORRUELLA and SELYA, Circuit Judges.

TORRUELLA, Circuit Judge.

The United Brotherhood of Carpenters and Joiners of America, Local 33 ("Union"), brings this appeal and John B. Cruz Construction Co., Inc. ("Cruz"), a general contractor, brings a cross-appeal from a judgment entered by the United States District Court for the District of Massachusetts. The issues are complex and will be dealt with seriatim.

I. FACTS

Cruz became involved in two joint ventures — one with Gilbane Building...

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