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RETAIL PROP. TRUST v. UNITED BROTH. OF CARPENTERS

No. 12-56427.

768 F.3d 938 (2014)

The RETAIL PROPERTY TRUST, a Massachusetts business trust, Plaintiff-Appellant, v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; Carpenters Local Union No. 803; James Flores, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2014.

Attorney(s) appearing for the Case

Stacey McKee Knight (argued) and Pamela Tsao , Katten Muchin Rosenman LLP, Los Angeles, CA; Robert T. Smith , Katten Muchin Rosenman LLP, Washington, D.C., for Plaintiff-Appellant.

Yuliya S. Mirzoyan (argued) and Daniel M. Shanley , DeCarlo & Shanley, a Professional Corporation, Los Angeles, CA, for Defendants-Appellees.

Before: RONALD M. GOULD and JAY S. BYBEE, Circuit Judges, and EDWARD M. CHEN, District Judge.

OPINION

BYBEE, Circuit Judge:

In this case we must decide whether § 303 of the Labor Management Relations Act ("LMRA"), codified at 29 U.S.C. § 187, preempts state-law claims for trespass and private nuisance related to union conduct that may also constitute secondary boycott activity. Following the reasoning of Local 20, Teamsters, Chauffeurs & Helpers Union v. Morton, 377 U...

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