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ALBERICI-EBY v. LOCAL 520, INTERNATIONAL UNION OF OPERATING ENGINEERS

Nos. 92-1816, 92-1830 and 92-1965.

992 F.2d 727 (1993)

ALBERICI-EBY, a Joint Venture, Plaintiff-Appellant, v. LOCAL 520, INTERNATIONAL UNION OF OPERATING ENGINEERS, Laborers International Union of North America, Local 218, Southern Illinois District Council of Carpenters of the United Brotherhood of Carpenters and Joiners of America, Local 633, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 1993.

Rehearing and Rehearing Denied June 7, 1993.

Attorney(s) appearing for the Case

Donald J. Meyer (argued), Vining & Meyer, Clayton, MO, for plaintiff-appellant.

Harold Gruenberg (argued), Bruce S. Feldacker (argued), Feldacker & Cohen, St. Louis, MO, Benjamin B. Allen, Sr., Smith & Allen, Alton, IL, Gerald Kretmar, Kevin F. Fagan, Appleton & Kretmar, Barry J. Levine (argued), Barbara Gumbel, Souders & Levine, St. Louis, MO, for defendants-appellees.

Before CUMMINGS, and MANION, Circuit Judges, and KAUFMAN, Senior District Judge.

Rehearing and Rehearing In Banc Denied June 7, 1993.

FRANK A. KAUFMAN, Senior District Judge.

In early 1990, the appellant, Alberici-Eby, was the general contractor for the construction of the Melvin Price Auxiliary Lock project at Lock and Dam 26 on the Mississippi River in Madison County, Illinois. In order to produce the concrete needed for the construction of the lock, Alberici-Eby found it necessary to erect a batch plant. Appellees are six unions: Operating...

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