INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, ITS DISTRICTS 17 AND 28, et al., Petitioners,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent,
Dixie Mining Company et al., Intervenors. NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
BITUMINOUS COAL OPERATORS ASSOCIATION, Respondent,
International Union, United Mine Workers of America, Districts 17 and 28, et al., Intervenors. DIXIE MINING COMPANY, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent,
W. A. Boyle et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 7, 1972.
Decided October 2, 1972.
Attorney(s) appearing for the Case
Mr. Julian H. Singman, Washington, D. C., with whom Mr. Orlin L. Livdahl, Jr., Washington, D. C., was on the brief, for petitioner in No. 23947. Mr. Stephen M. Nassau, Washington, D. C., also entered an appearance for petitioner in No. 23947.
Ms. Marion Griffin, Atty., N. L. R. B., with whom Messrs. Arnold Ordman, Gen. Counsel at the time the brief was filed, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Glen M. Bendixsen, Atty., N. L. R. B., were on the brief, for respondent in Nos. 21129 and 23947 and petitioner in No. 21226.
Mr. Willard P. Owens, Washington, D. C., with whom Messrs. Edward L. Carey, Harrison Combs and Charles L. Widman, Washington, D. C., were on the brief, for intervenors in No. 23947.
Ms. Kathleen A. Merry, of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Mr. Edward T. Tait, Washington, D. C., was on the brief, for intervenors United States Steel Corp. and others in Nos. 21129 and 21226. Mr. Eric Stoer, Washington, D. C., also entered an appearance for intervenors United States Steel Corp. and others.
Mr. Edward T. Tait, Washington, D. C., and Ms. Kathleen A. Merry filed a brief on behalf of United States Steel Corp. and others as amicus curiae in No. 23947.
Messrs. Stanley R. Strauss, Washington, D. C., and Frank H. Stewart, Cincinnati, Ohio, entered appearances for intervenor Dan S. Davison in No. 21129.
Messrs. John A. McGuinn and Guy Farmer, Washington, D. C., entered appearances for respondent in No. 21226.
Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
J. SKELLY WRIGHT, Circuit Judge:
These consolidated appeals in this continuing litigation1 challenge certain provisions of the National Bituminous Coal Wage Agreement as violative of Section 8(e) of the National Labor Relations Act.2 For the reasons stated below, we dismiss all appeals for lack of a justiciable case or controversy and want of jurisdiction.
I. No. 23,947
In 1958 the...
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