CEDAR COAL CO. v. UNITED MINE WKRS. OF AMERICA

Nos. 76-1785, 76-1793 and 76-1846.

560 F.2d 1153 (1977)

CEDAR COAL COMPANY, a corporation, Appellant, v. UNITED MINE WORKERS OF AMERICA, District No. 17, United Mine Workers of America, Local Union No. 1766, United Mine Workers of America, Charles R. Bollinger, Individually, and as President of Local Union No. 1766, United Mine Workers of America, Julian R. Morris, Individually, and as Chairman of the Denny Division Mine Committee, Gilbert Hill, Individually, and as Chairman of the Grace No. 2 Mine Committee, Appellees, Bituminous Coal Operators' Association, Inc., Amicus Curiae. CEDAR COAL COMPANY, a corporation, Appellant, v. UNITED MINE WORKERS OF AMERICA, District No. 17, United Mine Workers of America, Local Union No. 1759, United Mine Workers of America, Hayes Holstein, Individually, and as President of Local Union No. 1759, United Mine Workers of America, Okey J. Johnson, Harold Hamrick, Individually, and as members of the Grace No. 3 Mine Committee, David Forms, Individually, and as Chairman of the Grace No. 3 Mine Committee, Utah Clendenin, Jr., Ronald Roscoe Mullins, Individually, and as members of the Coal Fork No. 1 Mine Committee, Edward V. Massey, Individually, and as a member of the Coal Fork No. 2 Mine Committee, Emmett G. Adkins, Individually, and as Chairman of the Coal Fork No. 2 Mine Committee, and Thomas L. Gibson, Individually, and as a member of the Coal Fork No. 2 Mine Committee, Appellees, Bituminous Coal Operators' Association, Inc., Amicus Curiae. SOUTHERN OHIO COAL COMPANY, a corporation, and Ohio Power Company, a corporation, Appellants, v. UNITED MINE WORKERS OF AMERICA, an unincorporated association, District 31, United Mine Workers of America, an unincorporated labor association, Local 1949, United Mine Workers of America, an unincorporated labor association, Lawrence Floyd, as president of District 31, United Mine Workers of America, Ray Ashcraft, as president of Local 1949, United Mine Workers of America, John DeWitt, as vice-president of Local 1949, United Mine Workers of America, Sylvester Sartoris, as recording secretary of Local 1949, United Mine Workers of America, Kenneth Fisher, as financial secretary of Local 1949, United Mine Workers of America, and Willard Baker, as treasurer of Local 1949, United Mine Workers of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1977.


Attorney(s) appearing for the Case

David D. Johnson, Charleston, W. Va. (Forrest H. Roles, Union, W. Va., Roger A. Wolfe, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for appellant in No. 76-1785 and No. 76-1793.

Herbert G. Underwood, Clarksburg, W. Va. (Robert M. Steptoe, Jr., Steptoe & Johnson, Washington, D. C., on brief), for appellants in No. 76-1846.

Guy Farmer (Farmer, Shibley, McGuinn & Flood, Washington, D. C., on brief), as amicus curiae for Bituminous Coal Operators' Association, Inc., in No. 76-1785 and No. 76-1793.

Harrison Combs, Washington, D. C. (Ross Maruka, Fairmont, W. Va., on brief), for appellees in No. 76-1846.

James M. Haviland, Washington, D. C. (Bruce Boyens, John Taylor, Charleston, W. Va., Richard M. Bank, Ellen P. Chapnick, Richard L. Trumka, Washington, D. C., on brief), for appellees in No. 76-1785 and No. 76-1793.

Before WIDENER, Circuit Judge, LIVELY, Circuit Judge, and MacKENZIE, District Judge.


WIDENER, Circuit Judge:

This appeal is a consolidation of three related cases. In all three, plaintiff coal companies sought damages and injunctive relief in the federal district courts against striking union locals. Relief was denied for various reasons and by various procedures. In each case the appellant is the coal company.

The facts of each case will first be discussed separately.

I

Case No. 76-1793 involves Cedar Coal Company (Cedar...

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