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McGUIRE SHAFT & TUNNEL CORP. v. LOCAL U. NO. 1791, U. M. W.

Nos. 7-2 to 7-5.

475 F.2d 1209 (1973)

McGUIRE SHAFT AND TUNNEL CORPORATION, a corporation, Plaintiff-Appellee, v. LOCAL UNION NO. 1791, UNITED MINE WORKERS OF AMERICA et al., Defendants-Appellants. OLD BEN COAL CORPORATION, a corporation, Plaintiff-Appellee, v. LOCAL UNION NO. 1124 OF UNITED MINE WORKERS OF AMERICA et al., Defendants-Appellants. SOUTHWESTERN ILLINOIS COAL CORPORATION, a corporation, Plaintiff-Appellee, v. LOCAL UNION NO. 1392 OF UNITED MINE WORKERS OF AMERICA et al., Defendants-Appellants. ROBERTS AND SCHAEFER COMPANY, INC., a corporation, Plaintiff-Appellee, v. LOCAL NO. 9111, UNITED MINE WORKERS et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Certiorari Denied June 18, 1973.

Attorney(s) appearing for the Case

Duncan B. Cooper, III, Peoria, Ill. (Willard P. Owens, Washington, D. C., and Heyl, Royster Voelker & Allen, Peoria, Ill., were with him on the brief), for appellants.

Paul S. Kuelthau, St. Louis, Mo. (Moller, Talent & Kuelthau, St. Louis, Mo., were with him on the brief in No. 7-2 and Warren W. Browning, Browning & Browning, Chicago, Ill., and Moller, Talent & Kuelthau, St. Louis, Mo., were with him on the brief in No. 7-5), for appellees in Nos. 7-2 and 7-5.

Roger Edgar, St. Louis, Mo. (Veryl L. Riddle and Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., were with him on the brief in No. 7-3 and Dennis C. Donnelly, S. Richard Heymann and Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., were with him on the brief in No. 7-4) for appellees in Nos. 7-3 and 7-4.

John N. Hanson, Washington, D. C. (Harlington Wood, Jr., William E. Nelson, Stanley D. Rose, and Edward A. Lenz, Washington, D. C., were with him on the brief), for the United States, amicus curiae.

Before VAN OOSTERHOUT, ESTES, and HASTINGS, Judges.

Certiorari Denied June 18, 1973. See 93 S.Ct. 3008.

ESTES, Judge.

These are appeals from four judgments granting preliminary injunctions against the appellant local labor unions and officers of certain of these locals for violating Pay Board Reg. § 201.17 and for violating the arbitration provisions of collective bargaining agreements between the appellants and appellees by striking to force the appellant construction companies to pay a wage increase...

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