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SHAFER REDI-MIX v. CHAUFFEURS, TEAMSTERS & HELPERS

No. 09-2323.

643 F.3d 473 (2011)

SHAFER REDI-MIX, INC., Plaintiff-Appellant, v. CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION #7, identified on initiating document as Local 7 Teamsters, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 5, 2011.

Attorney(s) appearing for the Case

ARGUED: Timothy J. Ryan , Kotz, Sangster, Wysocki and Berg, Grand Rapids, Michigan, for Appellant. Gerry M. Miller , Previant, Goldberg, Uelman, Gratz, Miller & Brueggeman, Milwaukee, Wisconsin, for Appellee. ON BRIEF: Timothy J. Ryan , Kotz, Sangster, Wysocki and Berg, Grand Rapids, Michigan, Nathan R. VanRyn , McShane & Bowie, P.L.C., Grand Rapids, Michigan, for Appellant. Gerry M. Miller , Nathan D. Eisenberg , Previant, Goldberg, Uelman, Gratz, Miller & Brueggeman, Milwaukee, Wisconsin, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which SARGUS, D.J., joined. KETHLEDGE, J. (p. 481), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff-appellant Shafer Redi-Mix, Inc. ("Shafer") appeals the district court's grant of summary judgment to defendant-appellee Chauffeurs, Teamsters & Helpers, Local Union #7 ("Local 7" or "the union"). Shafer alleges that Local 7 caused it to lose a construction contract by having one of its sister unions threaten to boycott the project unless Shafer, a non-union employer, was replaced by a unionized supplier...

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