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MULLINS v. NICKEL PLATE MINING CO., INC.

No. 82-7109 Non-Argument Calendar.

691 F.2d 971 (1982)

Julius MULLINS, et al., Plaintiffs-Appellees, v. NICKEL PLATE MINING COMPANY, INC., et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 12, 1982.

Attorney(s) appearing for the Case

George R. Stuart, III, Birmingham, Ala., for defendants-appellants.

William E. Mitch, Earl V. Brown, Jr., Birmingham, Ala., for plaintiffs-appellees.

Before GODBOLD, Chief Judge, FAY and CLARK, Circuit Judges.

GODBOLD, Chief Judge:

This is an appeal from a district court order that retroactively certified a partial summary judgment as a final judgment pursuant to Fed.R.Civ.P. 54(b). We vacate the district court's order to the extent it purports to be retroactive.

I.

Appellees, trustees of the United Mine Workers of America Health and Retirement Funds, brought suit against Appellant Nickel Plate Mining Company...

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