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BLUE DIAMOND COAL COMPANY v. BAKER

375 S.W.2d 699 (1964)

BLUE DIAMOND COAL COMPANY, Appellant, v. Lee BAKER et al., Appellees.

Court of Appeals of Kentucky.

February 14, 1964.

Attorney(s) appearing for the Case

Maxwell P. Barret, Reeves, Barret & Cooper, Hazard, for appellant.

Calvin N. Manis, H. B. Noble, C. A. Noble, Jr., Hazard, for appellees.

JOHN A. BRESLIN, Special Commissioner.

This appeal is by Blue Diamond Coal Company, defendant in circuit court, from a joint and several judgment rendered against it and Wilgus Durbin, DBA Durbin Coal Company, in favor of 55 employees of Durbin and in the aggregate sum of $45,664.73. Durbin has not appealed. The parties shall be referred to as they appeared in circuit court.

Plaintiffs, members of Local Union No. 5911, of United Mine Workers of America,

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