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SMITTY BAKER COAL CO. v. UNITED MINE WORKERS, ETC.

Nos. 78-1814, 78-1815.

620 F.2d 416 (1980)

SMITTY BAKER COAL COMPANY, INC., Appellant, v. UNITED MINE WORKERS OF AMERICA, Appellee. SMITTY BAKER COAL COMPANY, INC., Appellee, v. UNITED MINE WORKERS OF AMERICA, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1980.

Attorney(s) appearing for the Case

Claude K. Robertson, J. Edward Ingram, Knoxville, Tenn. (Fowler, Rowntree, Fowler & Robertson, Knoxville, Tenn., Joseph E. Wolfe, Earls, Wolf & Farmer, Norton, Va., on brief), for appellant in No. 78-1814 and for appellee in No. 78-1815.

Stuart B. Campbell, Jr., Wytheville, Va., E. H. Rayson, Knoxville, Tenn. (Harrison Combs, Washington, D. C., on brief), for appellee in No. 78-1814 and for appellant in No. 78-1815.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

This is an action by the plaintiff Smitty Baker Coal Company, Inc. (Smitty Baker) charging a conspiracy by the defendant United Mine Workers (UMW) violative of the antitrust laws,1 to which it joined an action under the National Labor Management Relations Act. The action under the National Labor Management Relations Act was abandoned, and the cause proceeded solely under the antitrust claim. At trial the...

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