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SMITH v. UNITED MINE WORKERS OF AMERICA

No. 73-1578.

493 F.2d 1241 (1974)

Andrew J. SMITH et al., etc., Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, an unincorporated association, and Louis Kosec, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 1, 1974.

Attorney(s) appearing for the Case

A. Wally Sandack, Salt Lake City, Utah, for plaintiffs-appellees.

Daniel B. Edelman, Washington, D. C. (Joseph A. Yablonski and Clarice R. Feldman, Washington, D. C., and Ralph R. Tate, Jr., of Henriksen, Fairbourn & Tate, Salt Lake City, Utah, on the brief), for defendants-appellants.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The district court entered a preliminary injunction forbidding an international union to merge several of its intermediate bodies. We reverse on the ground that the court did not have jurisdiction.

Defendant-appellant United Mine Workers of America is an international union representing the employees of coal mines and allied industries. It has a three-level structure with the intermediate level composed of districts which in turn...

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