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TAYLOR MILK CO. v. INTERNATIONAL BROTHERHOOD

Nos. 00-1598, 00-1616.

248 F.3d 239 (2001)

TAYLOR MILK COMPANY, a Pennsylvania Corporation, Appellant in No. 00-1598, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, an unincorporated association and labor organization; International Brotherhood of Teamsters, Dairy Conference — USA and Canada, an unincorporated association and labor organization; Service Personnel and Employees of the Dairy Industry Teamsters Local Union No. 205, an unincorporated association and labor organization. Taylor Milk Company, a Pennsylvania Corporation, v. International Brotherhood of Teamsters, AFL-CIO, an unincorporated association and labor organization; International Brotherhood of Teamsters, Dairy Conference — USA and Canada, an unincorporated association and labor organization; Service Personnel and Employees of the Dairy Industry Teamsters Local Union No. 205, an unincorporated association and labor organization. International Brotherhood of Teamsters, AFL-CIO; International Brotherhood of Teamsters, Dairy Conference-USA and Canada, Appellants in No. 00-1616.

United States Court of Appeals, Third Circuit.

Filed May 1, 2001.

Attorney(s) appearing for the Case

David J. Armstrong, Dickie, McCamey & Chilcote and Two PPG Place, Suite 400 Pittsburgh, PA 15222 and John A. McCreary, Jr. (Argued), Babst, Calland, Clements & Zomnir Two Gateway Center, 8th Floor Pittsburgh, PA 15222, Attorneys for Appellant/Cross Appellee.

Ernest B. Orsatti (Argued) Jubelirer, Pass & Intrieri 219 Fort Pitt Boulevard Pittsburgh, PA 15222, Attorney for Appellees/Cross Appellants.

BEFORE: SCIRICA, McKEE and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Taylor Milk Company ("TMC") brought suit against the International Brotherhood of Teamsters ("IBT"), the IBT Dairy Conference of the USA and Canada ("Dairy Conference"), and its own IBT Local Union No. 205 ("Local 205") (collectively "IBT") for unfair labor practices in violation of 29 U.S.C. § 187. TMC alleged that appellees violated the prohibition against secondary...

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