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DIST. 17, DIST. 29, LOCAL UNION 7113 v. ALLIED CORP.

Nos. 83-1117(L), 83-1210 to 83-1212.

765 F.2d 412 (1985)

DISTRICT 17, DISTRICT 29, LOCAL UNION 7113, AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA; and John Ramey and Joseph McCardle on behalf of themselves and others similarly situated, Appellees, v. ALLIED CORPORATION, Appellant and Armco, Inc.; Shannon Pocahontas Coal Co., corporations; and the United Mine Workers of America 1974 Benefit Plan and Trust, Defendants. DISTRICT 17, DISTRICT 29, LOCAL UNION 7113, AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA; John Ramey and Joseph McCardle on behalf of themselves and others similarly situated, Appellees, v. ARMCO, INC., Appellant, and Allied Corporation; Shannon Pocahontas Coal Co., corporations and the United Mine Workers of America 1974 Benefit Plan and Trust, Defendants. DISTRICT 17, DISTRICT 29, LOCAL UNION 7113 AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA; John Ramey and Joseph McCardle, on behalf of themselves and others similarly situated, Appellees, v. SHANNON POCAHONTAS COAL CO., Appellant, and Allied Corporation, Armco, Inc., corporations and the United Mine Workers of America 1974 Benefit Plan and Trust, Defendants. DISTRICT 17, DISTRICT 29, LOCAL UNION 7113 AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA; John Ramey and Joseph McCardle on behalf of themselves and others similarly situated, Appellants, v. ALLIED CORPORATIONS, Armco, Inc., Shannon Pocahontas Coal Co., corporations and the United Mine Workers of America 1974 Benefit Plan and Trust, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 1985.

Certiorari Denied July 1, 1985.

Attorney(s) appearing for the Case

Willis J. Goldsmith, Washington, D.C. (Deborah Crandall, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., Charles L. Woody, Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va, Paul M. Thompson, Gregory B. Robertson, Richmond, Va., Hunton & Williams, Washington, D.C., on brief), for appellants.

Daniel B. Edelman, Washington, D.C. (Yablonski, Both & Edelman, Washington, D.C., Michael H. Holland, Deborah Stern, Washington, D.C., Webster J. Arceneaux, III, Grant Crandall, Crandall, Pyles & Crandall, Charleston, W.Va., on brief) and William F. Hanrahan, Gen. Counsel, Washington, D.C. (Mary Anne Gibbons, Associate Counsel, Washington, D.C., on brief) for appellees.

Before WINTER, Chief Judge, and WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN and WILKINSON, Circuit Judges.

Certiorari Denied July 1, 1985. See 105 S.Ct. 3527.

SPROUSE, Circuit Judge:

The defendants, Allied Corporation, Armco, Inc., and Shannon Pocahontas Coal Company appeal the district court's injunction requiring Allied to provide health and other non-pension benefits (benefits) to some 190 of its retired coal miners unless and until Allied can negotiate the provision of these benefits by Armco and Shannon Pocahontas, the corporations that acquired from Allied...

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