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PHOENIX ELEC. v. NATIONAL ELEC. CONTRACTORS ASS'N

No. 94-35522.

81 F.3d 858 (1996)

PHOENIX ELECTRIC COMPANY, an Oregon corporation; New Tech Electric, an Oregon corporation; Associated Builders and Contractors, Inc., a Maryland corporation, Plaintiffs-Appellants, v. NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION, a foreign corporation; National Electrical Contractors Association, Oregon-Columbia Chapter, an Oregon corporation; Atlas Electrical Contractors, Inc., an Oregon corporation; Oregon Electric Construction, Inc., an Oregon corporation; International Brotherhood Of Electrical Workers, Local 48, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1996.

Attorney(s) appearing for the Case

Maurice Baskin, Venable, Baetjer, Howard & Civiletti, Washington, DC, for plaintiffs-appellants.

Thomas W. Sondag, Portland, OR, for defendants-appellees Oregon-Columbia Chapter of the National Electrical Contractors Association, Inc., Atlas Electrical Contractors, Inc. and Oregon Electric Construction, Inc.

Gary L. Lieber, Paul M. Heylman and Henry A. Platt, Schmeltzer, Aptaker & Shepard, P.C., Washington, DC, for defendant-appellee National Electrical Contractors Association, Inc.

James W. Kasameyer, Carney, Buckley, Kasameyer & Hays, Portland, OR, for defendant-appellee, Local 48, International Brotherhood of Electrical Workers.

Arthur P. Rogers, Whiteford, Taylor & Preston, L.L.P., Washington, DC, amicus curiae for National Constructors Association.

Before: SCHROEDER, REINHARDT, and FERNANDEZ, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an antitrust action against the union and the subcontractors who are parties to the collective bargaining agreement covering electrical subcontracting in Oregon. Plaintiffs are non-signatory electrical subcontractors, including Phoenix Electric and a non-signatory contractor association, Associated Builders and Contractors. The defendants include Local 48 of the International Brotherhood of Electrical Workers ("union") and the signatory...

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