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ABX AIR v. AIRLINE PROF. ASS'N, LOCAL 1224

Nos. 99-4499, 99-4540.

266 F.3d 392 (2001)

ABX AIR, INC., Plaintiff-Appellee/Cross-Appellant, v. AIRLINE PROFESSIONALS ASSOCIATION OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL UNION NO. 1224, AFL-CIO, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 19, 2001.

Pursuant to Sixth Circuit Rule 206

Attorney(s) appearing for the Case

ARGUED: John R. Doll, LOGOTHETIS, PENCE & DOLL, Dayton, Ohio, for Appellant.

E. Scott Smith, FORD & HARRISON, Atlanta, Georgia, for Appellee.

ON BRIEF: John R. Doll, Julie C. Ford, LOGOTHETIS, PENCE & DOLL, Dayton, Ohio, for Appellant.

E. Scott Smith, Sarah B. Pierce, FORD & HARRISON, Atlanta, Georgia, Scott A. Carroll, VORYS, SATER, SEYMOUR & PEASE, Cincinnati, Ohio, for Appellee.

Daniel M. Katz, KATZ & RANZMAN, Washington, D.C., David K. Montgomery, KEATING, MUETHING & KLEKAMP, Cincinnati, Ohio, for Amici Curiae.

Before: SILER and GILMAN, Circuit Judges; DUGGAN, District Judge.

OPINION

SILER, Circuit Judge.

Defendant, Airline Professionals Association of the International Brotherhood of Teamsters, Local Union No. 1224, AFL-CIO ("Union"), appeals the injunction entered by the district court on behalf of plaintiff, ABX Air, Inc. ("ABX"). The Union argues that the district court lacked subject matter jurisdiction to issue an injunction because its members' concerted refusal to bid for open-flying time did not constitute an impermissible...

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