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HOLCOMB v. COLONY BAY COAL CO.

No. 87-2658.

852 F.2d 792 (1988)

Carl HOLCOMB; Loretta Holcomb, Plaintiffs-Appellants, v. COLONY BAY COAL COMPANY; District 17, United Mine Workers of America; Local Union 9177, District 17, United Mine Workers of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1988.

Attorney(s) appearing for the Case

Geary M. Battistelli (Beneke, Battistelli & Bremer, Wheeling, W. Va., on brief), for plaintiffs-appellants.

Charles L. Woody (Edward W. Rugeley, III, Spilman, Thomas, Battle & Klostermeyer, David J. Hardy, United Mine Workers of America, Charleston, W. Va., on brief), for defendants-appellees.

Before CHAPMAN and WILKINS, Circuit Judges, and GORDON, Senior District Judge from the Middle District of North Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

Carl E. Holcomb filed suit against Colony Bay Coal Company, Local Union 9177 and District 17, United Mine Workers of America, alleging six counts arising from his discharge by Colony Bay: (1) wrongful discharge; (2) unlawful discriminatory practice; (3) tort of wrongful and retaliatory discharge; (4) injury delivered and intended by employer; (5) intentional infliction of emotional distress; and (6) breach of duty of fair representation by...

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