No. 82-1567.

709 F.2d 882 (1983)

CONSOLIDATION COAL COMPANY, a corporation, Appellant, v. LOCAL 1702 UNITED MINE WORKERS OF AMERICA: Freddie W. Kelley, Jr.; Charles R. Fetty; Paul Smerdell; Jack P. Christoff and Richard A. Roberts, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1983.

Rehearing and Rehearing Denied July 29, 1983.

Attorney(s) appearing for the Case

Robert M. Steptoe, Jr., Clarksburg, W.Va. (C. David Morrison, Steptoe & Johnson, Clarksburg, W.Va., on brief), for appellant.

C. Patrick Carrick, Fairmont, W.Va. (Ross Maruka, Fairmont, W.Va., on brief), for appellees.

Before RUSSELL and CHAPMAN, Circuit Judges and HAYNSWORTH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied July 29, 1983.

CHAPMAN, Circuit Judge:

Consolidation Coal Company appeals from the order of the district court holding that it is not entitled to recover damages against the defendant local union for an illegal work stoppage participated in by the entire membership of the local union. The district court found that the "mass action" theory of union liability is no longer a viable theory, even on the local level, and that...

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