Legal Opinion

El Paso Building & Construction Trades Council v. El Paso Chapter Associated General Contractors of America

Court of Appeals for the Fifth Circuit

Decided May 9, 1967No. 22908PublishedCited by 8 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

This appeal is from a declaratory judgment of the district court which held invalid a restrictive subcontracting clause contained in a collective bargaining contract between two parties in the construction industry. We agree that the dispute is ripe for declaratory judgment but reverse, holding that the subcontracting clause is valid.

The Union1 and the Contractors 2 entered into the collective bargaining contract on April 1, 1961. They now disagree on the meaning and validity of Clause F, one of the clauses in that contract. It is found under that portion of the…

2Cases cited28 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  3. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  4. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  5. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952

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3Cited by8 opinions

  1. Orix Credit Alliance, Inc. v. Frank A. Wolfe, Jr. And Lexie D. WolfeCourt of Appeals for the Fifth Circuit · 2000
  2. Johnson v. New York State Education DepartmentDistrict Court, E.D. New York · 1970
  3. John S. Griffith Construction Co. v. United Brotherhood Of Carpenters & Joiners Of Southern CaliforniaCourt of Appeals for the Ninth Circuit · 1986
  4. John S. Griffith Construction Co. v. United Brotherhood of Carpenters & JoinerCourt of Appeals for the Ninth Circuit · 1986
  5. Printing Industries of St. Louis, Inc. v. St. Louis Bindery Women's Local Union No. 55District Court, E.D. Missouri · 1972

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