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CONSOLIDATION COAL CO. v. UNITED MINE WORKERS OF AMERICA, LOCAL 1261

No. 80-2170.

725 F.2d 1258 (1984)

CONSOLIDATION COAL COMPANY, Plaintiff-Appellant, v. UNITED MINE WORKERS OF AMERICA, LOCAL 1261, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 18, 1984.

Attorney(s) appearing for the Case

Keith E. Taylor, Salt Lake City, Utah (John B. Wilson of Parsons, Behle & Latimer, Salt Lake City, Utah, was also on brief), for plaintiff-appellant.

Willard P. Owens, Gen. Counsel, United Mine Workers of America, Washington, D.C. (Harrison Combs, Atty., United Mine Workers of America, Washington, D.C., and A. Wally Sandack of Sandack & Sandack, Salt Lake City, Utah, were also on brief), for defendant-appellee.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

The questions for decision in this case are whether a local union may be held liable for damages from an unauthorized or "wildcat" strike that resulted from the "mass action" of the local membership but which was not instigated or condoned by local union officers, and whether the local union may be held liable for failing to use its "best efforts" to prevent or terminate the strike, as a violation of an obligation arising from an implied no...

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