Legal Opinion

Sheet Metal Workers Local Union No. 54 v. E.F. Etie Sheet Metal Co.

Court of Appeals for the Fifth Circuit

Decided September 3, 1993No. 92-2209PublishedCited by 11 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A former member of a multi-employer bargaining association sues the association and the union it dealt with for antitrust violations, breach of fiduciary duty, and common law fraud, all part of an asserted effort to drive the member out of business. The district *1468court found that any concerted efforts were labor activity, freed from the antitrust laws, and that the company’s problems were of its own making, enforcing an arbitration award against it and dismissing its counterclaims. We agree with the district court, affirming its decisions as to the…

2Cases cited42 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  3. Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
  4. Fibreboard Paper Products Corp. v. National Labor Relations BoardSupreme Court of the United States · 1964
  5. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971

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3Cited by11 opinions

  1. Laborers' International Union of North America, Afl-Cio, in No. 93-5208 v. Foster Wheeler Corporation Foster Wheeler Energy Corporation. Laborers' International Union of North America, Afl-Cio v. Foster Wheeler Corporation Foster Wheeler Energy Corporation, Foster Wheeler Energy Corporation in No. 93-5233. Laborers' International Union of North America, Afl-Cio v. Foster Wheeler Corporation Foster Wheeler Energy Corporation, Foster Wheeler CorporationCourt of Appeals for the Third Circuit · 1994
  2. E.I. Dupont De Nemours & Co. v. SawyerCourt of Appeals for the Fifth Circuit · 2008
  3. Equal Employment Opportunity Commission v. Local 638 ... Local 28 of the Sheet Metal Workers' International Ass'nDistrict Court, S.D. New York · 1995
  4. Laborers' International Union v. Foster Wheeler Corp.Court of Appeals for the Third Circuit · 1994
  5. Sheet Metal Workers Local Union No. 54, Afl-Cio, Plaintiff-Counter v. E.F. Etie Sheet Metal Co., Defendant-Counter v. Sheet Metal Workers Local Union 54, Afl-Cio, Counter-Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1993

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