TEDFORD v. PEABODY COAL CO.

No. 74-3736.

533 F.2d 952 (1976)

Howard O. TEDFORD, Plaintiff-Appellee, v. PEABODY COAL COMPANY, International Union, United Mine Workers of America, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 21, 1976.


Attorney(s) appearing for the Case

Charles A. Powell, III, Birmingham, Ala., Peter J. Palumbo, Jr., St. Louis, Mo., for Peabody Coal Co.

Jack Drake, University, Ala., for Union.

Charles H. Huey, John W. Cooper, Birmingham, Ala., for plaintiff-appellee.

Before THORNBERRY and AINSWORTH, Circuit Judges, and HOFFMAN, District Judge.


WALTER E. HOFFMAN, District Judge.

The ultimate issue in this case pertains to the duty of fair representation which a union owes to its employee. In a trial without a jury the district court, by extensive findings of fact and conclusions of law, determined that appellee, Tedford, was entitled to his former position of shovel operator working for Peabody Coal Company (Peabody), together with his damages occasioned by the decrease in wages as a result of his being...

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