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INTERNATIONAL ORGANIZATION, ETC., v. RED JACKET C. C. & C. CO.

Nos. 2492-2503.

18 F.2d 839 (1927)

INTERNATIONAL ORGANIZATION, UNITED MINE WORKERS OF AMERICA, et al. v. RED JACKET CONSOL. COAL & COKE CO., and eleven other cases.

Circuit Court of Appeals, Fourth Circuit.

April 18, 1927.

Attorney(s) appearing for the Case

William A. Glasgow, Jr., of Philadelphia, Pa. (Henry Warrum, of Indianapolis, Ind., and T. C. Townsend, of Charleston, W. Va., on the brief), for appellants.

R. S. Spilman and A. M. Belcher, both of Charleston, W. Va. (Edgar L. Greever, of Tazewell, Va., George S. Couch, of Charleston, W. Va., and Samuel M. Austin, of Lewisburg, W. Va., on the brief), for appellees.

Before WADDILL, ROSE, and PARKER, Circuit Judges.

PARKER, Circuit Judge (after stating the facts as above).

The first question for our consideration is whether the evidence establishes a conspiracy in restraint of interstate trade and commerce, in violation of the Sherman Act. This inquiry goes not merely to the propriety of the granting of the injunction, but to the very existence of the power to grant it; for, except in the case of the Red Jacket Coal Company, the jurisdiction of the court in all of the cases rests...

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