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F.A. WILHELM CONST. v. KY, COUNCIL OF CARPENTERS

Nos. 00-6008, 00-6069.

293 F.3d 935 (2002)

F.A. WILHELM CONSTRUCTION CO., INC., Plaintiff-Appellee/Cross-Appellant, v. KENTUCKY STATE DISTRICT COUNCIL OF CARPENTERS, AFL-CIO, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 12, 2002.

Rehearing Denied July 2, 2002.

Attorney(s) appearing for the Case

James U. Smith, III (argued and briefed), Bryan M. Cassis, Smith & Smith, Louisville, KY, for Plaintiff-Appellee.

Alton D. Priddy (argued and briefed), Priddy, Isenberg, Miller & Meade, Louisville, KY, Thomas J. Schulz, Kentucky State District Council of Carpenters, Frankfort, KY, for Defendant-Appellant.

Before MERRITT, CLAY, and GILMAN, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which CLAY, J., joined. GILMAN, J., (pp. 943-944), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

This is a "secondary boycott" case in which the defendant union challenges the district court's finding of an unlawful secondary boycott and the award of $44,547.76 in damages and the plaintiff, Wilhelm Construction, cross-appeals the court's...

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