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PUTNAM FABRICATING CO. v. NULL

No. 79-1275.

631 F.2d 311 (1980)

PUTNAM FABRICATING COMPANY, Appellant, v. Roger NULL, James Persinger, James McClung, Larry Moore, Joseph Cox, Larry Beller, Steve Shouldis, Harry Flinner, Earl Cunningham, Danny McKean, Robert Cook, Floyd Tillis, Russell Spaulding, Edward Oldham, Aubrey Asbury, Shawn Sayer, Charles Hall, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

Sarah E. Smith, Ricklin Brown, Charleston, W. Va. (Bowles, McDavid, Graff & Love, Charleston, W. Va., on brief), for appellant.

James M. Haviland, Charleston, W. Va. (James B. McIntyre, McIntyre, Haviland & Jordan, Charleston, W. Va., on brief), for appellees.

Before FIELD, Senior Circuit Judge, and HALL and SPROUSE, Circuit Judges.

FIELD, Senior Circuit Judge:

Presented for our determination in this case is the question whether an employer, pursuant to Section 301 of the Labor-Management Relations Act, 29 U.S.C. § 185,1 may recover damages from individual union members for an unauthorized and unratified breach of the no-strike provision of a collective bargaining agreement. On June 8, 1977, the seventeen defendants, all members of Local Union 667, International...

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