LAVENDER v. UNITED MINE WORKERS OF AMERICA

Civ. A. No. 1040.

285 F.Supp. 869 (1968)

Charles LAVENDER, Paul J. Holleman, Jackson B. Hill, John Leach, Charlie Saddler, Harry Moore, Charlie Elmore and William Butt, Individually and as Members of District 29 of the United Mine Workers of America, an unincorporated association, on behalf of themselves as such and on behalf of all others similarly situate as Members of District 29 of the United Mine Workers of America, an unincorporated association, Plaintiffs, v. UNITED MINE WORKERS OF AMERICA, an unincorporated association, W. A. Boyle, Individually, and as President and as Agent of the United Mine Workers of America, George J. Titler, Individually, and as Vice President and as Agent of the United Mine Workers of America, John Owens, Individually, and as Secretary-Treasurer and as Agent of the United Mine Workers of America, Larkin S. Philpott, Individually, and as District President of District 29 of the United Mine Workers of America, and as Agent of the United Mine Workers of America, J. Carl Bunch, Individually, and as District Secretary-Treasurer of the United Mine Workers of America, and as Agent of the United Mine Workers of America, and all of the above designated defendants as Trustees and Agents of the Trustees of District 29 of the United Mine Workers of America, and such other individuals who may be Executives of the United Mine Workers of America, and such individuals, corporations, firms or unincorporated associations who may be Trustees of District 29 of the United Mine Workers of America, an unincorporated association, and all other persons similarly situate, Defendants.

United States District Court S. D. West Virginia, Bluefield Division.

April 30, 1968.


Attorney(s) appearing for the Case

Robert E. Holroyd, Johnston & Holroyd, Princeton, W. Va., for plaintiffs.

Edward L. Carey, Harrison Combs and Willard P. Owens, Washington, D. C., M. E. Boiarsky, Charleston, W. Va., for defendants.


CHRISTIE, District Judge:

Plaintiffs instituted this class action in behalf of the members of District 29 of the United Mine Workers of America seeking a judicial termination of the trusteeship imposed upon District 29 by its parent organization, United Mine Workers of America (hereinafter referred to as UMW). Jurisdiction is based upon Title III, Section 304 of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. Section 464. The case is presently...

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