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GATLIFF COAL CO. v. COX

No. 9727.

142 F.2d 876 (1944)

GATLIFF COAL CO. v. COX.

Circuit Court of Appeals, Sixth Circuit.

June 1, 1944.

Attorney(s) appearing for the Case

H. C. Gillis, of Williamsburg, Ky. (Tye & Siler, H. C. Gillis, and Robert L. Smith, all of Williamsburg, Ky., on the brief), for appellant.

C. B. Upton, of Williamsburg, Ky. (R. L. Pope, of Knoxville, Tenn., and C. B. Upton, of Williamsburg, Ky., on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant, Gatliff Coal Company, is a Delaware corporation engaged in the business of mining coal in Whitley County, Kentucky, and a member of the Southern Appalachian Coal Operators' Association. Appellee, Maynard Cox, is an employee of appellant and a member of District No. 19 of the United Mine Workers of America.

On July 12, 1943, appellee filed his petition in the Whitley Circuit Court of the Commonwealth of Kentucky asking recovery...

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