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UNITED MINE WORKERS OF AMER. v. INDUSTRIAL COM'N OF VA.

Civ. A. No. 73-447-R.

374 F.Supp. 1294 (1974)

UNITED MINE WORKERS OF AMERICA et al. v. INDUSTRIAL COMMISSION OF VIRGINIA et al.

United States District Court, E. D. Virginia, Richmond Division.

April 29, 1974.

Attorney(s) appearing for the Case

W. H. C. Venable, S. Strother Smith, III, Richmond, Va., Willard P. Owens, Washington, D. C., for plaintiffs.

Henry M. Massie, Jr., Asst. Atty. Gen. of Va., Richmond, Va., for defendants.

MEMORANDUM

MERHIGE, District Judge.

Plaintiffs seek relief in the form of a declaration that Section 65.1-53 of the Virginia Workmen's Compensation Act is, on its face and as applied, in violation of the Fourteenth Amendment to the Constitution of the United States. Jurisdiction is attained pursuant to 42 U.S.C. §§ 1981, 1983 and 28 U.S.C. §§ 1331 and 1343(3). The amount in controversy exceeds $10,000 exclusive of interest and costs....

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