LEWIS v. PENNINGTON

Nos. 17445-17453.

400 F.2d 806 (1968)

John L. LEWIS, Josephine Roche and Henry G. Schmidt, As Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. James M. PENNINGTON et al., Defendants, Cross Plaintiffs-Appellants, v. UNITED MINE WORKERS OF AMERICA, Cross Defendant-Appellee. John L. LEWIS, Josephine Roche and Henry G. Schmidt, As Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. James M. PENNINGTON, et al., Defendants, Cross Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Cross Defendant-Appellant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, As Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. Harry P. STANSBERRY, Individually and t/a Stansberry Coal Company, Defendants, Cross Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Cross Defendant-Appellant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, As Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. Jesse C. FESLER and Nola Fesler, Individually and t/a Fesler Coal Company, Defendants, Cross Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Cross Defendant-Appellant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, As Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. U. R. ARNOLD and Mrs. U. R. Arnold, Individually and t/a Arnold Strip Mining Company, a Partnership, and The Arnold Coal Company, Inc., Defendants, Cross Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Cross Defendant-Appellant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, As Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. TENNCO, INCORPORATED, Defendant, Cross Plaintiff-Appellee, v. UNITED MINE WORKERS OF AMERICA, Cross Defendant-Appellant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, As Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. E. C. McPHERSON, Individually and t/a E. C. McPherson Coal Company, M. W. Norquest and E. C. McPherson, Individually and t/a McPherson Coal Company, Defendants, Cross Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Cross Defendant-Appellant. DEAN COAL COMPANY, Plaintiff-Appellee, v. UNITED MINE WORKERS OF AMERICA, Defendant-Appellant. W. R. PARTON d/b/a W. R. Parton Coal Company, Plaintiff-Appellee, v. UNITED MINE WORKERS OF AMERICA, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

Certiorari Denied December 9, 1968.


Attorney(s) appearing for the Case

John A. Rowntree, Knoxville, Tenn., for Dean Coal Co. and W. R. Parton; Robert S. Young, Jr., Knoxville, Tenn., on the brief; Fowler, Rowntree, Fowler & Robertson, McCampbell, Young & Bartlett, Knoxville, Tenn., of counsel.

Harrison Combs, Washington, D. C., Edward L. Carey, Willard Owens, Washington, D. C., E. H. Rayson, Knoxville, Tenn. and M. E. Boiarsky, Charleston, W. Va., for United Mine Workers of America.

Before EDWARDS, PECK and COMBS, Circuit Judges.


Certiorari Denied December 9, 1968. See 89 S.Ct. 450.

No. 17445

PECK, Circuit Judge.

The complicated factual pattern of this case and its protracted history in the courts are fully reported in an opinion in this Court on a previous appeal1, in the opinion of the Supreme Court2 reversing our earlier determination and remanding the cause, and with even greater precision and detail in the exhaustive...

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