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THOMAS v. CONSOLIDATION COAL COMPANY

No. 10788.

380 F.2d 69 (1967)

John THOMAS, William McCoy, John Salters, Isaac Sizemore, Ray Trantham, Ellis Coleman, Jr., Lee Looney, John Yates, and Charles Taylor, Appellants, v. CONSOLIDATION COAL COMPANY, a Corporation, (POCAHONTAS FUEL COMPANY DIVISION) and the International Union, United Mine Workers of America, an Unincorporated Association, (District 29) and Local Union No. 9690, United Mine Workers of America, an Unincorporated Association, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 15, 1967.

Attorney(s) appearing for the Case

D. Grove Moler, Mullens, W. Va., for appellants.

Harry G. Camper, Jr., Welch, W. Va. (John W. Gillespie, Tazewell, Va., Robert D. Bailey and Bailey, Worrell, Camper & Viers, Pineville, W. Va., on brief), for Consolidation Coal Co.

M. E. Boiarsky, Charleston, W. Va. (Harrison Combs, Washington, D. C., and James K. Edmundson, Beckley, W. Va., on brief), for Unions.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and KAUFMAN, District Judge.

FRANK A. KAUFMAN, District Judge:

Plaintiffs, nine former employees of Consolidation Coal Company (the Company) and members of Local 9690, United Mine Workers of America (the Union) brought this action in the United States District Court for the Southern District of West Virginia. Plaintiffs seek to recover damages for their alleged wrongful discharge by the Company in violation of the latter's collective bargaining agreement with the Union, and for the Union's alleged...

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