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CONNECTICUT IRONWORKERS v. NEW ENGLAND CARPENTERS

No. 16-485-cv August Term 2016.

869 F.3d 92 (2017)

CONNECTICUT IRONWORKERS EMPLOYERS ASSOCIATION, INC., MRS Enterprises, Inc., Barrett, Inc., Ernest Peterson, Inc., Berlin Steel Construction Co., Iron Workers Local No. 15, International Association of Bridge, Structural, Ornamental & Reinforcing, Iron Workers Local 37, International Association of Bridge, Structural, Ornamental & Reinforcing, Iron Workers Local 424, International Association of Bridge, Structural, Ornamental & Reinforcing, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local No. 40, International Union of Painters & Allied Trades District Council 11, AFLCIO, CLC, International Union of Painters, Allied Trades Local Unions, Glaziers Local Union Nos. 1333 & 1274, Glaziers Union, No. 1333, Glaziers Union, Local No. 1274, Plaintiffs-Appellants, v. NEW ENGLAND REGIONAL COUNCIL OF CARPENTERS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 23, 2017.

Attorney(s) appearing for the Case

PAUL C. HETTERMAN , Hartnett Gladney Hetterman, LLC, St. Louis, MO ( Ronald C. Gladney , Hartnett Gladney Hetterman, LLC, St. Louis, MO; Thomas W. Meiklejohn , Livingston, Adler, Pulda, Meiklejohn & Kelly, Hartford, CT; on the brief), for Plaintiffs-Appellants.

KEITH P. CARROLL , Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Boston, MA ( Christopher N. Souris , Krakow & Souris LLC, Boston, MA; Kevin McGinty , Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Boston, MA; Bruce D. Sokler , Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Washington, DC; on the brief), for Defendant-Appellee.

Before: Jacobs, Cabranes, and Parker, Circuit Judges.

Much of the practice of American antitrust law consists of deciding whether particular conduct is, or is not, "exempt" from the application of the antitrust statutes by virtue of immunities conferred by later legislation or judicial interpretation. The celebrated fourteen-volume treatise of Professor Philip...

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