McCOLGAN v. UNITED MINE WORKERS OF AMERICA

No. 83-1027.

124 Ill. App.3d 825 (1984)

464 N.E.2d 1166

JAMES McCOLGAN et al., Plaintiffs-Appellants, v. UNITED MINE WORKERS OF AMERICA et al., Defendants-Appellees (Shamrock Mine Products, Inc., et al., Defendants).

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 1, 1984.


Attorney(s) appearing for the Case

Leonard M. Ring & Associates, of Chicago (Leonard M. Ring and Judith E. Fors, of counsel), for appellants.

Arvey, Hodes, Costello & Burman, of Chicago (Malcolm S. Kamin and Judith I. Byrd, of counsel), for appellees United Mine Workers of America and Sam Church, Jr.

Barbara Gumbel, of Edwardsville, for other appellees.


Judgment affirmed.

JUSTICE LORENZ delivered the opinion of the court:

This interlocutory appeal presents the issue whether a union owes to workers a common law duty of care which is not preempted by Federal Law. Plaintiffs, James and Deloris McColgan, brought an action in the circuit court of Cook County seeking damages for personal injuries against the United Mine Workers of America (UMW), UMW District 12, and UMW Local 1870, each as an entity and as a class...

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