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BAKER v. REINFORCED CONCRETE CONTRS.

No. 14-4102.

820 F.3d 827 (2016)

BAKER CONCRETE CONSTRUCTION, INC., Plaintiff-Appellee, v. REINFORCED CONCRETE CONTRACTORS ASSOCIATION, Defendant, Reinforced Concrete Iron Workers' Local Union 372 of the International Association of Bridge Structural, Ornamental, and Reinforcing Iron Workers, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2016.

Attorney(s) appearing for the Case

ARGUED: David O'Brien Suetholz , Kircher, Suetholz & Grayson, PSC, Louisville, KY, for Appellant. Michael J. Underwood , Porter Wright Morris & Arthur LLP, Columbus, OH, for Appellee. ON BRIEF: David O'Brien Suetholz , Neal B. Hayes , Kircher, Suetholz & Grayson, PSC, Louisville, KY, for Appellant. Michael J. Underwood , Kathryn L. Kreps , Porter Wright Morris & Arthur LLP, Columbus, OH, for Appellee.

Before: BOGGS and BATCHELDER, Circuit Judges; HUCK, District Judge.

OPINION

This is a case of first impression for this circuit. We are asked to determine whether an employer has the right under the National Labor Relations Act ("NLRA") to repudiate both his statutory and contractual obligations under a § 8(f) collective bargaining agreement when the employer does...

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