SUNFIRE COAL CO. v. UNITED MINE WORKERS OF AMER.

Nos. 15502, 15503.

335 F.2d 958 (1964)

SUNFIRE COAL COMPANY and Ashlo Coal Company, Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Defendant-Appellant. R. P. PRICE, C. H. Kelly and Follace Fields, Partners, d/b/a Elkhorn Coal Company, Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

August 20, 1964.


Attorney(s) appearing for the Case

M. E. Boiarsky, Charleston, W. Va., and Harrison Combs, Washington, D. C., for appellant.

James S. Greene, Jr., Harlan, Ky., (Logan E. Patterson, Pineville, Ky., on the brief), for appellees.

Before WEICK, Chief Judge, and O'SULLIVAN and EDWARDS, Circuit Judges.


O'SULLIVAN, Circuit Judge.

The above appeals, Nos. 15,502 and 15,503, involve identical questions, viz.: the propriety of the denial of motions for new trials, both made on the ground of newly discovered evidence. We will dispose of them in one opinion. On June 7, 1961, a final judgment, following a jury verdict, was entered in the United States District Court for the Eastern District of Kentucky in favor of Sunfire Coal Company and Ashlo Coal Company, and against...

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