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CLINCHFIELD COAL CO. v. DIST. 28, UN. MINE WORKERS

No. 83-1147.

720 F.2d 1365 (1983)

CLINCHFIELD COAL COMPANY, et al., Appellees, v. DISTRICT 28, UNITED MINE WORKERS OF AMERICA & LOCAL UNION # 1452, Appellants, Westmoreland Coal Company, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1983.

Rehearing Denied December 15, 1983.

Attorney(s) appearing for the Case

Gerald F. Sharp, Castlewood, Va. (Peter Mitchell, Alexandria, Va., on brief), for appellant.

Ronald E. Meisburg, Washington, D.C. (S.W. Zanolli, Smith, Heenan, Althen & Zanolli, Washington, D.C., Paul R. Thomson, Jr., Roanoke, Va., Louis Dene, Abingdon, Va., Forrest H. Roles, Charleston, W.Va., Hugh P. Cline, Carl E. McAfee, Cline, McAfee & Adkins, Norton, Va., on brief), for appellees.

Clinton S. Morse, Woods, Rogers, Muse, Walker & Thornton, Houston, Tex., Scott L. Messmore, F. Thomas Rubenstein, Big Stone Gap, Va., on brief, for amicus curiae.

Before PHILLIPS, SPROUSE and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

The United Mine Workers of America and Local Union No. 1452 (hereinafter collectively referred to as the "Union") appeal from the United States District Court for the Western District of Virginia wherein summary judgment was granted in favor of Clinchfield Coal Company and intervening coal companies (hereinafter collectively referred to as "Clinchfield") against the Union. Clinchfield brought this action...

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