A.J. TAFT COAL CO., INC. v. CONNORS

No. 86-7482.

829 F.2d 1577 (1987)

A.J. TAFT COAL CO., INC., Plaintiff-Appellee, Russell Coal, Inc.; Nickel Plate Mining Company, Inc.; Jim Walter Resources, Inc.; Drummond Company, Inc.; Alabama By-Products Corp., Plaintiff-Intervenors, Appellees, v. Joseph P. CONNORS, Sr., Donald E. Pierce Jr., William Miller, William B. Jordan and Paul R. Dean, as Trustees of the United Mine Workers of America 1950 Pension Trust, United Mine Workers of America 1950 Benefit Plan and Trust, United Mine Workers of America 1974 Pension Trust and United Mine Workers of America 1974 Benefit Plan and Trust, Defendants-Appellants. Joseph P. CONNORS, Sr., Donald E. Pierce, Jr., William Miller; William B. Jordan, Paul R. Dean, Trustees, Plaintiffs-Appellants, v. DRUMMOND COMPANY, INC. and Alabama By-Products Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied December 14, 1987.


Attorney(s) appearing for the Case

Stephen J. Pollak, Shea & Gardner, Wendy S. White, Gerald E. Cole, Washington, D.C., Robert H. Stropp, Stropp & Nakamura, Birmingham, Ala., for Trustees of United Mine Workers of America Health & Ret. Funds.

Margaret M. Topps, Washington, D.C., for appellants Connors, et al.

Fournier J. Gale, III, David M. Smith, Maynard, Cooper, Frierson & Gale, P.C., Charles A. Powell, III, Birmingham, Ala., for appellees.

Before VANCE and KRAVITCH, Circuit Judges, and BROWN, Senior Circuit Judge.


JOHN R. BROWN, Senior Circuit Judge:

The District Court allowed the offensive use of collateral estoppel by granting Taft Coal Company's motion for summary judgment. We reverse the District Court because the prior ruling on the issue presented here was not crucial and necessary to the holding and thus can not be used as offensive collateral estoppel.

A.J. Taft Coal Company (Taft) brought this class action on behalf of all Alabama coal companies who are signatories...

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