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CARBON FUEL CO. v. UNITED MINE WORKERS OF AMER.

No. 74-1598.

517 F.2d 1348 (1975)

CARBON FUEL COMPANY, a corporation, Appellee, v. UNITED MINE WORKERS OF AMERICA, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1975.

Attorney(s) appearing for the Case

James M. Haviland, Charleston, W. Va. (Joseph A. Yablonski, Washington, D.C., Lewis D. Sargentich, Cambridge, Mass., and Daniel B. Edelman, Washington, D.C., on brief), for appellant.

Forrest H. Roles, Union, W. Va. (David D. Johnson, Jr., and Roger A. Wolfe, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

RUSSELL, Circuit Judge:

The appellant Union appeals from a conviction entered for contempt by reason of an alleged violation of a temporary restraining order theretofore issued by the District Court. The conflicting positions of the parties on appeal relate to the nature of the contempt adjudged by the District Court. It is conceded that whether the contempt be considered civil or criminal is largely the dispositive issue...

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