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U. S. EX REL. KANAWHA COAL OPERATORS ASS'N v. MILLER

No. 76-1458.

540 F.2d 1213 (1976)

UNITED STATES of America ex rel. KANAWHA COAL OPERATORS ASSOCIATION, a corporation, Appellee, v. Bruce MILLER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Allan H. Masinter, Charleston, W. Va. (Lewis, Ciccarello, Masinter & Friedberg, Charleston, W. Va., on brief), for appellant.

Forrest H. Roles, Union, W. Va. (David D. Johnson, 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.

PER CURIAM:

Bruce Miller appeals from the district court's denial of his motion to vacate a sentence under 28 U.S.C. § 2255. We treat the § 2255 motion as a motion under F.R.C.P. 35 to correct an illegal sentence.

On August 18, 1975, the Kanawha Coal Operators Association (KCOA) sued the United Mine Workers of America, several local unions and ten individuals, including Bruce Miller, to enjoin them from continuation of a work stoppage affecting members...

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