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BE&K CONST. CO. v. N.L.R.B.

Nos. 99-6469, 00-5012.

246 F.3d 619 (2001)

BE&K CONSTRUCTION COMPANY, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, Steamfitters Local 342, et al., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 9, 2001.

Attorney(s) appearing for the Case

Maurice Baskin (argued and briefed), Venable, Baetjer, Howard & Civiletti, Washington, DC, for Petitioner Cross-Respondent.

David Habenstreit (briefed), National Labor Relations Board, Office of the General Counsel, Washington, DC, Aileen A. Armstrong (briefed), Robert J. Englehart (argued), Anne Marie Lofaso (briefed), National Labor Relations Board, Appellate Court Branch, Washington, DC, for Respondent Cross-Petitioner.

Peter D. Nussbaum (argued and briefed), Meera Trehan (briefed), Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, Sandra R. Benson (argued and briefed), Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, CA, for Intervenors.

Heather L. MacDougall (briefed), McGuiness, Norris & Williams, Washington, DC, for Amicus Curiae.

Before DAUGHTREY and GILMAN, Circuit Judges; COLLIER, District Judge.

OPINION

DAUGHTREY, Circuit Judge.

In the midst of a contentious labor dispute, the petitioner, BE&K Construction Company, filed suit in federal court in California against numerous labor organizations. The purpose of the lawsuit was to squelch certain concerted activity in which the unions were engaging on behalf of members who were on the BE&K construction site as employees of various sub-contractors and to ensure safe working conditions on the...

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