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TENNESSEE CONSOLIDATED COAL CO. v. UNITED MINE WKRS. OF AM.

No. 18820.

416 F.2d 1192 (1969)

TENNESSEE CONSOLIDATED COAL COMPANY and Grundy Coal Company, Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 19, 1969.

Attorney(s) appearing for the Case

Harrison Combs, Washington, D. C., (Edward L. Carey, Willard P. Owens, Washington, D. C., E. H. Rayson, Knoxville, Tenn., M. E. Boiarsky, Charleston, W. Va., on the brief), for appellant.

John A. Rowntree, Knoxville, Tenn., (William D. Spears, Chattanooga, Tenn., Judson Harwood, Nashville, Tenn., William M. Ables, Jr., South Pittsburg, Tenn., Paul D. Kelly, Jr., Jasper, Tenn., Fowler, Rowntree, Fowler & Robertson, Knoxville, Tenn., on the brief), for appellees.

Before WEICK, Chief Judge, and PECK and COMBS, Circuit Judges.

WEICK, Chief Judge.

The suit in the District Court was brought by Tennessee Consolidated Coal Company (TCC) and its subsidiary, Grundy Mining Company (Grundy), against United Mine Workers of America (UMW) and West Kentucky Coal Company (West Kentucky), to recover damages for violations of Sections 1 and 2 of the Sherman Act. 15 U.S.C. §§ 1 and 2.

The plaintiffs charged that UMW and large coal companies who form the Bituminous Coal Operators Association...

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