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FEATHER v. UNITED MINE WORKERS OF AMERICA

Nos. 82-5438, 82-5464, 83-5326 and 83-5327.

711 F.2d 530 (1983)

Charles L. FEATHER t/a Feather Trucking; Thomas V. Patterson; Lawton Trucking, Inc.; D.P. Zimmerman, Jr.; Michael D. Rose; David B. Smogyi; Donald Benyack; Ruth A. Cordes, Admx. Est. Edward W. Cordes, Jr.; Everett C. Teeter, Jr., t/a Everett C. Teeter Trucking; William Nileski and Robert C. Ermin, Cross-Appellants in Nos. 82-5464 & 83-5327 v. UNITED MINE WORKERS OF AMERICA and District 2, United Mine Workers of America and Local 1600, United Mine Workers of America, Appellants in Nos. 82-5438 & 83-5326.

United States Court of Appeals, Third Circuit.

Decided June 30, 1983.

As Amended July 11, 1983.

Attorney(s) appearing for the Case

Michael Holland, Gen. Counsel, Kurt Kobelt (argued), Harrison Combs, United Mine Workers of America, Washington, D.C., Melvin P. Stein (argued), Lou Ann Phelps, Pittsburgh, Pa., for cross-appellants in Nos. 82-5438 & 83-5326.

Jerald R. Cureton (argued), Fred J. Berg, Pechner, Dorfman, Wolffe, Rounick & Cabot, Philadelphia, Pa., Paul Hirschfield, Pittsburgh, Pa., for cross-appellants in Nos. 82-5464 & 83-5327.

Before ADAMS and WEIS, Circuit Judges and DEBEVOISE, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

During the latter part of 1974, the United Mine Workers of America ("UMWA" or "the Union") and the Bituminous Coal Operators Association ("BCOA"), a multi-employer bargaining association of coal producers, renegotiated the National Bituminous Coal Wage Agreement ("NBCWA"). The agreement contained a provision which prohibited coal haulers who were not signatories to the 1974 NBCWA from transporting coal from BCOA...

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