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USS-POSCO INDUST. v. CONTRA COSTA CTY. BLDG. & CONST.

No. 92-15497

31 F.3d 800 (1994)

USS-POSCO INDUSTRIES, a California general partnership, Plaintiff, and BE&K Construction Company, a Delaware corporation, Plaintiff-Appellant, v. CONTRA COSTA COUNTY BUILDING & CONSTRUCTION TRADES COUNCIL, AFL-CIO, a voluntary, unincorporated association; Steamfitters Local Union No. 342 of the United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States and Canada, AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1994.

Attorney(s) appearing for the Case

James G. Gilliland, Jr., Ann Julius, Khourie, Crew & Jaeger, June D. Beltran, Townsend and Townsend and Crew, San Francisco, CA, for plaintiff-appellant BE & K Const. Co.

Peter D. Nussbaum, Fred H. Altshuler, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, CA, for defendant-appellee Steamfitters Local Union No. 342 of the United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industries of the U.S. and Canada, AFL-CIO.

Sandra Rae Benson, Victor J. Van Bourg, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for defendant-appellee Contra Costa County Bldg. & Const. Trades Council, AFL-CIO.

Before: KOZINSKI, THOMPSON and NELSON, Circuit Judges.

KOZINSKI, Circuit Judge.

We explore the nether reaches of two areas of antitrust law: the statutory labor exemption and the Noerr-Pennington doctrine.

I

USS-POSCO Industries (UPI) is a joint venture between USX Corporation (formerly U.S. Steel) and Pohang Iron and Steel Co. of South Korea, formed to modernize and operate an old steel facility in Pittsburg, California (PITCAL). Interested unions...

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