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

9th Cir. | 1982-07-22
No. 81-5424
681 F.2d 1171 United States Court of Appeals for the Ninth Circuit (1982) Caution
Cited by 12 cases

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Holding

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.


Facts & Procedural History

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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Opinion of the Court
PER CURIAM:

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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