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MAUI TRUCKING, INC. v. OPERATING ENG. LOCAL NO. 3

No. 92-15321.

24 F.3d 1134 (1994)

MAUI TRUCKING, INC.; Decoite Trucking, Inc.; and T.J. Gomes Trucking Co., Inc., Plaintiffs-Appellants, and General Contractors Labor Association and Labor Association of the Building Industry Association of Hawaii, Plaintiffs-Intervenors-Appellees, v. OPERATING ENGINEERS LOCAL UNION NO. 3 INTERNATIONAL UNION OF OPERATING ENGINEERS AFL-CIO; Douglas Sado dba Doug's Trucking; Doug's Trucking Equipment & Repair, Inc.; Sado Trucking, Inc. dba Sado Trucking Co.; and Charles Barton dba C & N Trucking, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1994.

Attorney(s) appearing for the Case

Jeffrey S. Harris, Torkildson, Katz, Jossem, Fonseca, Jaffe, Moore & Hetherington, Honolulu, HI, for plaintiffs-appellants.

Barry W. Marr and David P. Ledger, Carlsmith, Ball, Wichman, Murray, Case, Mukai & Ichiki, Honolulu, HI, for plaintiffs-intervenors-appellees.

T. Anthony Gill, Gill & Zukeran, Honolulu, HI, Marsha S. Berzon, Altshuler, Berzon, Nussbum, Berzon & Rubin, San Francisco, CA, and Barbara A. Petrus, Goodsill, Anderson, Quinn & Stifel, Honolulu, HI, for defendants-appellees.

Before: SNEED, POOLE, and TROTT, Circuit Judges.

Opinion by Judge TROTT.

TROTT, Circuit Judge:

This lawsuit arises from a collective bargaining agreement ("Master Agreement") entered into in Hawaii by the Operating Engineers Local Union No. 3 ("Local No. 3") on one hand, and the General Contractors Labor Association and the Building Industry Labor Association ("Associations" or "General Contractors") on the other. Section 24E of this Master Agreement covers the subcontracting by the General Contractors of...

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