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KENTUCKY UNEMP. INS. COMM. v. SOUTH-EAST COAL CO.

389 S.W.2d 929 (1965)

KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION et al., Appellants, v. SOUTH-EAST COAL COMPANY, Appellee.

Court of Appeals of Kentucky.

April 23, 1965.

Attorney(s) appearing for the Case

Paul E. Tierney, Benjamin J. Mann, Melbourne Mills, Jr., Frankfort, for appellant, Kentucky Unemployment Ins. Commission.

Grant F. Knuckles, Pineville, Henry B. Noble, Hazard, for individual appellants.

J. K. Wells, Paintsville, for appellee, South-East Coal Co.

Louis Cox, John Hopkins, Hazelrigg & Cox, Frankfort, for Kentucky Coal Assn., amicus curiae.

STEWART, Judge.

This appeal is from a judgment of the Franklin Circuit Court holding that a certain work stoppage was a strike and not a lockout within the purview of KRS 341.360 (1).

The facts in this case are not in dispute. For some time prior to January 4, 1962, there existed an agreement between appellee, South-East Coal Company, and the United Mine Workers of America (herein referred to as "UMWA"). This agreement contained a clause to the effect that...

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