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KERRY COAL CO. v. UNITED MINE WORKERS

Nos. 80-1733, 80-1734, 80-1735 and 80-1736.

637 F.2d 957 (1981)

KERRY COAL COMPANY v. UNITED MINE WORKERS OF AMERICA, Arnold Miller, District # 5 of the United Mine Workers of America, Louis A. Antal, Jerry Ashton, Estel Taylor, James Beachem, Brian Short, John Doe, Richard Roe, and all others acting in concert or otherwise participating with them or acting in their aid or behalf. Appeal of UNITED MINE WORKERS OF AMERICA, in No. 80-1733, Appeal of Estel TAYLOR, in No. 80-1734, Appeal of DISTRICT 5, UNITED MINE WORKERS OF AMERICA, in No. 80-1735, Appeal of Jerry (Gary) ASHTON, Brian Short, et al, in No. 80-1736 (D.C. Civil No. 78-0108).

United States Court of Appeals, Third Circuit.

Decided January 8, 1981.

As Amended February 5, 1981.

Rehearing and Rehearing Denied February 9, 1981.

Attorney(s) appearing for the Case

Harrison Combs, Gen. Counsel, United Mine Workers of America, Washington, D.C., Lloyd F. Engle, Jr. (argued), Paul M. Puskar, Kuhn, Engle & Stein, Pittsburgh, Pa., for United Mine Workers of America, Estel Taylor, Dist. 5, United Mine Workers of America, appellants in Nos. 80-1733/4/5.

Melvin L. Vatz (argued), Pittsburgh, Pa., for Jerry (Gary) Ashton and Brian Short, appellants in No. 80-1735.

John M. Elliott (argued), Stephen C. Braverman, Henry F. Siedzikowski, Dilworth, Paxson, Kalish & Levy, Philadelphia, Pa., for Kerry Coal Co.

Before GIBBONS and ROSENN, Circuit Judges and HANNUM, District Judge.

Rehearing and Rehearing In Banc Denied February 9, 1981.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from an order denying defendants' motions for judgment notwithstanding the verdict or for a new trial. The successful plaintiff is Kerry Coal Company (Kerry Coal), a non-union coal producer. The defendants against which verdicts were returned are the United Mine Workers of America (the International), District No. 5 of the United...

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