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GOTTFRIED v. SHEET METAL WORKERS INTERN., ASS'N, LOCAL UNION No. 80

No. 90-1220.

927 F.2d 926 (1991)

Bernard GOTTFRIED, Regional Director of the Seventh Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Plaintiff-Appellant, v. SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 80, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1991.

Rehearing and Rehearing Denied May 1, 1991.

Attorney(s) appearing for the Case

Ellen A. Farrell (argued), Deputy Associate Gen. Counsel, Richard A. Siegel, N.L.R.B. Office of the Gen. Counsel, Judith I. Katz, N.L.R.B. Appellate Court Branch, Washington, D.C., Mark D. Rubin, N.L.R.B., Detroit, Mich., for plaintiff-appellant.

Donald W. Fisher, Donald W. Fisher Co., L.P.A., Toledo, Ohio, Samuel C. McKnight (argued), Klimist, McKnight, Sale, McClow & Canzano, Southfield, Mich., Robert D. Randolph, Pittsburgh, Pa., for defendants-appellees.

Before MARTIN and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 1, 1991.

DAVID A. NELSON, Circuit Judge.

This case arises from a labor union's refusal to bargain with a construction industry employer because, allegedly, of a sister company's nonunion status. The case has been here before. See Gottfried v. Sheet Metal Workers' Intl. Assn., Local Union No. 80, 876 F.2d 1245 (6th Cir.1989). We held in the prior appeal that the district court...

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