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LIMBACH CO. v. SHEET METAL WORKERS INTERN. ASS'N

Nos. 90-3639, 90-3606.

949 F.2d 1211 (1991)

LIMBACH COMPANY, Appellant in 90-3639, v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, Sheet Metal Workers International Association Local Union No. 12, Sheet Metal Workers International Association, Local Union No. 17, Sheet Metal Workers International Local Union No. 108, and Edward J. Carlough, Sheet Metal Workers International Association Local # 98. LIMBACH COMPANY v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFL-CIO and Sheet Metal Workers International Association, Local Union No. 108, Appellants in 90-3606.

United States Court of Appeals, Third Circuit.

Decided July 9, 1991.

As Amended July 19, 1991.

Rehearing Granted Opinion Vacated in Part August 26, 1991.

Attorney(s) appearing for the Case

Robert A. King (argued), P. Jerome Richey, Buchanan Ingersoll, Professional Corp., Pittsburgh, Pa., for Limbach Co.

Donald W. Fisher, Toledo, Ohio, Judith Rivlin, Washington, D.C., for Sheet Metal Workers' Intern. Ass'n, AFL-CIO.

Michael Shelley, Wohlner, Kaplan, Phillips, Vogel, Shelley & Young, Encino, Cal., for Sheet Metal Workers' Intern. Ass'n, Local Union No. 108.

Marsha S. Berzon, Laurence Gold (argued), Washington, D.C., of counsel with Sheet Metal Workers' Intern. Ass'n and Local Union No. 108.

Ernest Orsatti, Jubelirer, Pass & Intrieri, P.C., Pittsburgh, Pa. for Sheet Metal Workers' Intern. Ass'n, Local Union No. 12.

Paul F. Kelly, Segal, Roitman & Coleman, Boston, Mass., for Sheet Metal Workers' Intern. Ass'n, Local Union No. 17.

Jerry A. Spicer, Snyder, Rakay & Spicer, Dayton, Ohio, for Sheet Metal Workers' Intern. Ass'n, Local Union No. 98.

Before SLOVITER, Chief Judge, and GREENBERG and WISDOM, Circuit Judges.

Rehearing In Banc Granted in No. 90-3606, Opinion Vacated in Part August 26, 1991.*

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I.

BACKGROUND

Limbach Company (Limbach) is a mechanical contracting company with principal offices in Pittsburgh, Pennsylvania, and additional offices in Woburn, Massachusetts (Boston), Compton, California (Los Angeles), Pontiac, Michigan (Detroit), and Columbus, Ohio....

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