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CONSOLIDATION COAL CO. v. DISABLED MINERS OF SO. W. VA.

No. 15173, No. 15396-15402.

442 F.2d 1261 (1971)

CONSOLIDATION COAL COMPANY, a corporation, Appellee, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, etc., et al., Appellants. CONSOLIDATION COAL COMPANY, a corporation, Appellant, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, etc., et al., Appellees. UNITED STATES STEEL CORPORATION, a corporation, Appellant, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, etc., et al., Appellees. YOUNGSTOWN MINES CORPORATION, a corporation, Appellant, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, etc., et al., Appellees. EASTERN ASSOCIATED COAL CORPORATION, and Sterling Smokeless Coal Company, corporations, Appellants, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, etc., et al., Appellees. OLGA COAL COMPANY, a corporation, Appellant, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, etc., et al., Appellees. RANGER FUEL CORPORATION, a corporation, Appellant, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, etc., et al., Appellees. Elmer BROWN et al., Appellants, v. CONSOLIDATION COAL COMPANY et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1971.

Attorney(s) appearing for the Case

Herbert J. Rogers, Wheeling, W. Va., and Kenneth J. Yablonski, Washington, Pa. (Donald L. Pitts and Clarice Fieldman, Washington, D. C., on the brief), for appellants in No. 15173.

Harold R. Schmidt, Pittsburgh, Pa. (Karl Alexander and Rose, Schmidt & Dixon, Pittsburgh, Pa., on the brief), for appellee in No. 15173.

Charles A. Tutwiler, Welch, W. Va., Russell L. Furbee, Fairmont, W. Va., Harold R. Schmidt, Pittsburgh, Pa. and Charles M. Love, Charleston, W. Va. (Crockett, Tutwiler & Crockett, Welch, W. Va., Furbee, Amos, Webb & Critchfield, Fairmont, W. Va., Karl Alexander and Rose, Schmidt & Dixon, Pittsburgh, Pa., Campbell, Love, Woodroe & Kizer, Charleston, W. Va., and Thomas B. Miller, Schmidt, Laas, Schrader & Miller, Wheeling W. Va., on the brief), for appellants in Nos. 15396 through 15401 and for appellees in No. 15402.

Ray E. Ratliffe, Jr. for appellees in Nos. 15396 through 15401.

Richard M. Bank, Beckley, W. Va. (Naomi W. Cohen, Charleston, W. Va., Harvey M. Cohen, Huntington, W. Va., and Joseph F. Flynn, Heidrick, Ky., on the brief), for appellants in No. 15402.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

These consolidated appeals arise from litigation instituted when disabled miners and their dependents picketed, and threatened to picket, plaintiffs' bituminous coal mines in the Northern and Southern Districts of West Virginia. Preliminary injunctions to enjoin picketing were entered in both district courts. The disabled miners and their dependents had resorted to this form of selfhelp to redress their alleged grievances against the trustees...

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