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

No. 92-15321.

37 F.3d 436 (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 Hawai`i, 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.

As Amended on Denial of Rehearing and Suggestion for Rehearing September 23, 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.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc September 23, 1994.

ORDER AMENDING OPINION and DENYING PETITION FOR REHEARING and REHEARING EN BANC

The opinion filed May 18, 1994, slip opinion page 5171, is amended as follows: [Editor's Note: Amendments incorporated for purposes of publication].

With these amendments, the panel has voted to deny the petition for rehearing. Judges Poole and Trott have voted to reject the suggestion...

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