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United States Ninth Circuit


Small v. Operative Plasterers' & Cement Masons' Int'l. Assn., 08-56668

In an action by a union against a contractor alleging violation of wage and hour laws and tortious interference with contract, the district court's injunction against state court proceedings pending a decision by the National Labor Relations Board is affirmed where, because any favorable resolution of the state lawsuits would directly conflict with the Board’s section 10(k) determinations, under Local 32 and Bill Johnson's, the union's suits had an illegal objective.

Appellate Information

  • Argued 02/04/2010
  • Decided 07/08/2010
  • Published 07/08/2010

Judges

  • Kim McLane Wardlaw

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • John J. Davis, Jr., Ronald Meisburg

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