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ZEMONICK v. CONSOLIDATION COAL CO.

No. 84-1353.

796 F.2d 1546 (1986)

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

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1986.

Attorney(s) appearing for the Case

Robert M. Bastress (Barbara J. Fleischauer, West Virginia University College of Law, Morgantown, W. Va., on brief), for appellants.

Robert M. Steptoe, Jr. (C. David Morrison, Steptoe & Johnson), Clarksburg, W. Va., for appellee Consolidation Coal Co.

(Michael J. Aloi, Manchin, Aloi & Carrick, Fairmont, W. Va., on brief), for appellee Dist. 31, United Mine Workers of America.

Before RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

PER CURIAM:

The district court dismissed these hybrid § 301/DFR claims as barred by the six months limitation period established by the Supreme Court of the United States in DelCostello v. Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983). The plaintiffs appealed to this court, and the majority of the three judge panel hearing the appeal reversed the district court, holding that DelCostello should not...

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