A.T. MASSEY COAL CO., INC. v. INTERN. UNION

Nos. 86-2518(L), 86-3826.

799 F.2d 142 (1986)

A.T. MASSEY COAL COMPANY, INC.; Wyomac Coal Company, Inc.; Pike County Coal Corporation; Rawl Sales and Processing Co./Blackberry Creek Coal Company; Winston Coal Company; Robinson-Phillips Coal Company; Simron Fuel Company, Inc.; Shannon-Pocahontas Coal Corporation; Royalty Smokeless Coal Company/Trace Fork Coal Company; Big Bear Mining Company; Joboner Coal Company; T.C.H. Coal Company; Big Bottom Coal Company, Inc.; Sprouse Creek Processing Company; Tall Timber Coal Company; Pikco Mining Company; Rocky Hollow Coal Co.; M & B Coal Company; Dehue Coal Corporation; Blue Springs Coal Company; Allburn Coal Company; Pond Creek Coal Company; P.M. Charles Coal Co., Appellants, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Appellee. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA; District 17, United Mine Workers of America; United Mine Workers of America, Local Union No. 1525, Appellees, v. A.T. MASSEY COAL COMPANY, INC.; Rawl Sales and Processing Company/Blackberry Creek Coal Company; Sprouse Creek Processing Company; Tall Timber Coal Company; Pikco Mining Company; Rocky Hollow Coal Company; Blue Springs Coal Company; Allburn Coal Company, Inc.; Pond Creek Mining Company; P.M. Charles Coal Company; Wyomac Coal Company, Inc.; Winston Coal Company; Robinson-Phillips Coal Company; M. & B. Coal Company; Simron Fuel Inc.; Shannon-Pocahontas Coal Company; Royalty Fork Coal Company; Big Bear Mining Company; Pike County Coal Corporation; Joboner Coal Company; TCH Coal Company; Big Bottom Coal Company, Inc.; Omar Mining Company; and Dehue Coal Corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1986.


Attorney(s) appearing for the Case

Gregory B. Robertson (Paul M. Thompson, Christine H. Perdue, Hunton & Williams, Richmond, Va., Forrest H. Roles, Smith, Heenan & Althen, Charleston, W. Va., on brief) for appellants.

Judith A. Scott (Michael H. Holland, United Mine Workers of America, Christopher L. Varner, Washington, D.C., Grant Crandall, Crandall, Pyles & Crandall, James M. Haviland; McIntyre, Haviland & Jordan, Charleston, W. Va., on brief) for appellees.

Before WIDENER, HALL, and MURNAGHAN, Circuit Judges.


MURNAGHAN, Circuit Judge:

A.T. Massey Coal Company and a number of other corporations affiliated with Massey have appealed a grant at the behest of International Union, United Mineworkers of America, et al., of an injunction by the United States District Court for the Southern District of West Virginia, directing Massey and its affiliates to arbitrate pursuant to the terms of an expired National Bituminous Coal Wage Agreement ("NBCWA"). The order was entered following...

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