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NEDD v. UNITED MINE WORKERS OF AMERICA

No. 16368.

400 F.2d 103 (1968)

Charles NEDD, Dominic Iero, Max Dynoski and Anthony Ganly, Members of the Pensioned Anthracite Coal Miners Protest Executive Committee, suing on behalf of Themselves and All Other Members of the Class of Pensioned Anthracite Coal Miners and Widows of Deceased Pensioned Anthracite Coal Miners v. UNITED MINE WORKERS OF AMERICA, an unincorporated trade union association, Appellant.

United States Court of Appeals Third Circuit.

Decided August 9, 1968.

Attorney(s) appearing for the Case

Thomas N. O'Neill, Jr., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa. (Charles A. Wolfe, Philadelphia, Pa., Edward L. Carey, Washington, D. C., on the brief; James W. Scanlon, Scranton, Pa., of counsel), for appellant.

James S. Palermo, Hazleton, Pa., (William Bruno, Philadelphia, Pa., on the brief), for appellees.

Before HASTIE, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

This case is here on an interlocutory appeal, perfected under section 1292(b) of title 28, United States Code, by a defendant labor union from an order denying it summary judgment on the pleadings and certain uncontradicted affidavits.

While the trial judge's certification approving this interlocutory appeal justified appellate review at this stage on the ground...

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