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

No. 90-3606.

949 F.2d 1241 (1991)

LIMBACH COMPANY v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFL-CIO and Sheet Metal Workers International Association, Local Union No. 108, Appellants.

United States Court of Appeals, Third Circuit.

Reargued October 9, 1991.

Decided December 6, 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.

Before SLOVITER, Chief Judge, and BECKER, STAPLETON, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, and ROTH, Circuit Judges.

Argued April 9, 1991.

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

Reargued October 9, 1991

Before SLOVITER, Chief Judge, and BECKER, STAPLETON, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, and ROTH, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I.

BACKGROUND

This matter is before the court in banc pursuant to our order...

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