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ZEMONICK v. CONSOLIDATION COAL CO.

No. 84-1353.

762 F.2d 381 (1985)

Michael ZEMONICK, et al., Appellants, v. CONSOLIDATION COAL COMPANY, a corporation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1985.

Attorney(s) appearing for the Case

Robert M. Bastress, Morgantown, W.Va. (Barbara J. Fleischauer, Morgantown, W.Va., on brief), for appellants.

Robert M. Steptoe, Jr., Clarksburg, W.Va. (C. David Morrison, Clarksburg, W.Va., Michael J. Aloi, Manchin & Aloi, Fairmont, W.Va., on brief), for appellees.

Before HALL and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

Plaintiffs, eleven former employees of Consolidation Coal Company, were discharged for allegedly instigating a wildcat strike. Each plaintiff took his discharge to arbitration, where the dismissals were upheld. In July 1981, approximately sixteen months after the discharges and thirteen months after the last of the arbitration decisions upholding the discharges, the plaintiffs commenced this action in a state court against the employer...

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