Zinser-Furby, Inc., and Zinser Constructors and Furby Construction Co., Inc., a Joint Venture v. San Diego County District Council of Carpenters
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
Opinion
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.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 11 cases
View all citing references →Relies on it most ⓘ
- Operating Engineers Pension Trust v. A-C Co.
- Winton Kemmis, Etc. v. James P. McGoldrick Etc.
- Carpenters Amended And Restated Health Benefit Fund v. Holleman Construction Company
- Operating Engineers Pension Trust v. Cecil Backhoe Service, Inc.
- Operating Engineers Pension Trust v. A-C Company
- Hawaii Carpenters' Trust Funds v. Henry
Most recent
- Hawaii Carpenters' Trust Funds v. Henry
- Operating Engineers Pension Trust v. A-C Company
- Operating Engineers Pension Trust v. A-C Co.
- Operating Engineers Pension Trust, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust -Counter v. Cecil Backhoe Service, Inc., Fred Cecil, and Cecil Construction Company -Counter -Third Party v. International Union of Operating Engineers, Local Union No. 12 and Joseph Chaves, Third Party
- Operating Engineers Pension Trust v. Cecil Backhoe Service, Inc.
- Operating Engineers Pension Trust v. Cundiff
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.