ZINSER-FURBY, INC., AND ZINSER CONSTRUCTORS AND FURBY CONSTRUCTION CO., INC., A JOINT VENTURE, PLAINTIFFS-APPELLANTS,
v.
SAN DIEGO COUNTY DISTRICT COUNCIL OF CARPENTERS, DEFENDANT-APPELLEE
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The court held that the district court did not err in interpreting the short form agreement or in finding that the union did not engage in a secondary boycott.
Zinser-Furby, Inc. sued the San Diego County District Council of Carpenters, alleging the union engaged in a secondary boycott. The district court fou…
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PER CURIAM:
The district court did not err in its interpretation of the short form agreement or in its finding that Zinser-Furby did not meet its burden of proof in its claim that the union engaged in a secondary boycott. Zinser-Furby, Inc. v. San Diego County District Council of Carpenters, 516 F.Supp. 952 (S.D.Cal.1981).
Case-by-case adjudication is the appropriate method to use when interpreting a short form agreement. Interpreting the language in Seymour v. Coughlin, 609 F. 2d 346 (9th Cir. 1979), this court reiterated its commitment to case-by-case adjudication:
Dictum to the contrary in Waggoner v. Dallaire, 649 F. 2d 1362 (9th Cir. 1981) notwithstanding we hold that no per se rule was announced in Coughlin and we decline to adopt one finding that a case by case analysis of the agreements involved provides the best evidence of the parties’ intent.
Construction Teamsters Health & Welfare Trust v. Con Form Construction Corp., 657 F. 2d 1101, 1103 (9th Cir. 1981).
The district court is AFFIRMED.
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Carpenters S. Cal. Admin. Corp. v. Russell, 726 F.2d 1410 (9th Cir. 1984)
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The Carpenters Amended & Restated Health Benefit Fund v. Holleman Constr. Co., Inc., 751 F.2d 763 (5th Cir. 1985)
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Winton Kemmis v. McGOLDRICK, 767 F.2d 594 (9th Cir. 1985)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Waggoner v. Dallaire, 649 F.2d 1362 (9th Cir. 1981)
- Seymour v. Coughlin Co., 609 F.2d 346 (9th Cir. 1979)
- The Constr. Teamsters Health & Welf. Tr. v. CON Form Constr. Corp., 657 F.2d 1101 (9th Cir. 1981)