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BITUMINOUS COAL OPERATORS' v. INTERNATIONAL U.

Nos. 77-1876, 77-1907 and 77-1992.

585 F.2d 586 (1978)

BITUMINOUS COAL OPERATORS' ASSOCIATION, INC., a corporation, Appellant, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, an Unincorporated Association. CONSOLIDATION COAL COMPANY, a corporation, North American Coal Corporation, a corporation, The Valley Camp Coal Company, a corporation, and The Pittston Company, a corporation, Appellants, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, an Unincorporated Association. BUCKEYE COAL COMPANY, Appellant, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, DISTRICT 4, United Mine Workers of America, Local Union No. 6290, and United Mine Workers of America.

United States Court of Appeals, Third Circuit.

Decided September 18, 1978.

Attorney(s) appearing for the Case

Leonard L. Scheinholtz, Joseph F. McDonough, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Guy Farmer, Farmer, Shibley, McGuinn & Flood, Washington, D.C., for Bituminous Coal Operators' Association, Inc.

Harold R. Schmidt, Henry McC. Ingram, Daniel L. Stickler, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, Pa., for Consolidation Coal Co., North American Coal Corp., The Valley Camp Coal Co. and The Pittston Co. and The Buckeye Coal Co.

Harrison, Combs, Gen. Counsel, United Mine Workers of America, Washington, D.C., Joseph A. Yablonski, Daniel B. Edelman, Yablonski, Both & Edelman, Washington, D.C., J. Craig Kuhn, Melvin P. Stein, Kuhn, Engle & Stein, Pittsburgh, Pa., for the International Union, United Mine Workers of America.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

These appeals grow out of separate attempts by signatories of the National Bituminous Coal Wage Agreement of 1974 to obtain judicial enforcement of the provisions of that agreement. The complaint of the Bituminous Coal Operators Association, Inc., (BCOA) (Appeal No. 77-1876) was filed on September 16, 1975. The complaints of Consolidation Coal Company, North American...

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