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RAILING v. UNITED MINE WORKERS OF AMERICA

No. 12723.

445 F.2d 353 (1971)

Chester RAILING and Paul Railing, d/b/a C & P Coal Company, Appellants, v. UNITED MINE WORKERS OF AMERICA, Appellee.

United States Court of Appeals, Fourth Circuit.

July 13, 1971.

Attorney(s) appearing for the Case

John J. Tribell (William S. Tribell and William G. Johnson, Clarksburg, W. Va., on the brief), for appellants.

M. E. Boiarsky, Charleston, W. Va. (Edward L. Carey, Harrison Combs, Willard P. Owens, Washington, D. C., and Michael Tomasky, Morgantown, W. Va., on the brief), for appellee.

Before BOREMAN, CRAVEN, and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

On March 22, 1971, 91 S.Ct. 991, the Supreme Court vacated our judgment in this case and remanded for further consideration in light of Zenith Radio Corporation v. Hazeltine Research, Inc., 401 U.S. 321, 91 S.Ct. 795, 28 L.Ed.2d 77 (1971). The Court noted that both Section 303 of the Labor Management Relations Act of 1947, 29 U.S.C. § 187, and Section 4 of the Clayton Act, 15 U.S.C. § 15, (involved in...

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