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SHEET METAL WORKERS LOCAL 54 v. E.F. ETIE SHEET METAL CO.

No. 92-2209.

1 F.3d 1464 (1993)

SHEET METAL WORKERS LOCAL UNION NO. 54, AFL-CIO, Plaintiff-Counter Defendant-Appellee, v. E.F. ETIE SHEET METAL CO., Defendant-Counter Plaintiff-Appellant, v. SHEET METAL WORKERS LOCAL UNION 54, AFL-CIO, et al., Counter-Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion Granting Rehearing in Part and Denying Rehearing in Part September 29, 1993.

Attorney(s) appearing for the Case

James J. Loeffler, Houston, TX, for appellant.

Stuart B. Johnston, Jr., Dallas, TX, for Houston Sheet Metal Contractors.

Donald W. Fisher, Toledo, OH, for Sheet Metal Workers Int. Ass'n.

Patrick M. Flynn, Houston, TX, for Sheet Metal & Air Cond. Contractors Local Union.

David R. Hols, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, MN, for Sheet Metal & Air Cond., et al.

Before GARWOOD and HIGGINBOTHAM, Circuit Judges, and SCHWARTZ, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A former member of a multi-employer bargaining association sues the association and the union it dealt with for antitrust violations, breach of fiduciary duty, and common law fraud, all part of an asserted effort to drive the member out of business. The district court found that any concerted efforts were labor activity, freed from the antitrust laws, and that the company's problems...

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