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U.S. STEEL MIN. CO. v. DISTRICT 17, UMW

No. 89-2921.

897 F.2d 149 (1990)

U.S. STEEL MINING CO., INC., a corporation; United States Steel and Carnegie Pension Fund, as Administrator of the Employee Welfare Benefit Plan Maintained by U.S. Steel Mining, Inc., Plaintiffs-Appellants, v. DISTRICT 17, UNITED MINE WORKERS OF AMERICA; O.J. Tolbert; Gene E. Dunn; Emil Charles; David R. Basham; Darrell Coleman; Theo Tucker; Gary Thomas; Richard Carrow; Eugene R. Goad; Paul Bias; Eddie Parker; Kenneth Ellison, on behalf of themselves and others similarly situated; A. Andrew MacQueen, in his official capacity as Judge of the Thirteenth Judicial Circuit, Kanawha County, West Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1990.

Attorney(s) appearing for the Case

James Theodore Carney, II, Pittsburgh, Pa., for plaintiffs-appellants.

Webster J. Arceneaux, III, Charleston, W.Va., for defendants-appellees; James M. Haviland, McIntyre, Haviland & Jordan, Charles F. Donnelly, Charleston, W.Va., on brief.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

BUTZNER, Senior Circuit Judge:

United States Steel Mining Co. (the company) and the United States Steel and Carnegie Pension Fund (the fund) appeal from the district court's denial of their motion to recover restitution for monies paid pursuant to a state court injunction and attorney's fees. The district court found that the company had no standing and the court had no jurisdiction to grant the requested relief. We affirm on a different ground. We find that section...

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