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DIST. 28, U. MINE WKRS., ETC. v. WELLMORE COAL CORP.

No. 78-1157.

609 F.2d 1083 (1979)

DISTRICT 28, UNITED MINE WORKERS OF AMERICA, INC., et al., Appellants, v. WELLMORE COAL CORPORATION et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 15, 1979.

Attorney(s) appearing for the Case

Jerry O. Talton, Castlewood, and Walton D. Morris, Jr., Big Stone Gap, Va., for appellants.

Michael M. Mullins (Leslie M. Mullins, Richmond, Va., N. D. Street, Grundy, Va., Hugh P. Cline, Norton, Va., on brief), for appellees.

Before BUTZNER and WIDENER, Circuit Judges, and ROBERT R. MERHIGE, Jr., District Judge for the Eastern District of Virginia, at Richmond, sitting by designation.

MERHIGE, District Judge.

The appellant labor organizations brought suit under 42 U.S.C. section 1983 against three coal companies and a railroad seeking declaratory, injunctive, and monetary relief as a result of the appellees obtaining a number of temporary injunctions in state court resulting in the restriction of appellants' picketing activity. The district court granted appellees' motion to dismiss on the ground that neither the actions of the state courts that...

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