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SHEET METAL WORKERS' INTERN. ASS'N v. McELROY'S, INC.

No. 06-3189.

500 F.3d 1093 (2007)

SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 2, Plaintiff-Appellee, v. McELROY'S, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 29, 2007.

Attorney(s) appearing for the Case

Stewart L. Entz, Entz & Entz, P.A., Topeka, KS, appearing for Defendant-Appellant.

Michael T. Anderson, Davis, Cowell & Bowe, L.L.P., San Francisco, CA (John P. Hurley, Jolley, Walsh, Hurley, Raisher & Aubry, P.C., Kansas City, MO, with him on the brief), appearing for Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, TYMKOVICH, and HOLMES, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendant-Appellant McElroy's, Inc. ("McElroy's"), a mechanical contractor, and Sheet Metal Workers' International Association, Local Union No. 77 (now merged with Plaintiff-Appellee Local Union No. 2, hereinafter "Union") entered into a pre-hire agreement authorized by § 8(f) of the National Labor Relations Act ("NLRA"). See 29 U.S.C. § 158(a). McElroy's and the Union performed under the contract for nearly three years...

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