NEW BECKLEY MIN. v. INTERNATIONAL UNION, UMWA

No. 90-1103.

946 F.2d 1072 (1991)

NEW BECKLEY MINING CORPORATION, Plaintiff-Appellant, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA; Joe Carter; Ken Peterson; Virgil Pyatt; Larry Flint; Harvey Stover; Robert Burdette; Paul Daniels; George "Tex" Bailey; Herman Stanley; Ronnie Scarbro; Robert "Buck" Tyree; Ken Toler; Roger McKinney; John Does, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1991.


Attorney(s) appearing for the Case

Mark Anthony Carter, Smith, Heenan & Althen, Charleston, W.Va., argued (Forrest H. Roles, on brief), for plaintiff-appellant.

John Robert Mooney, Beins, Axelrod, Osborne & Mooney, P.C., Washington, D.C., argued (Richard W. Gibson, Beins, Axelrod, Osborne & Mooney, P.C., Earl V. Brown, Jr., George N. Davies, United Mine Workers of America, Washington, D.C., and James M. Haviland, McIntyre, Haviland & Jordan, Charleston, W.Va., on brief), for defendants-appellees.

Before SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge, and DUPREE, Senior District Judge for the Eastern District of North Carolina, sitting by designation.


OPINION

BUTZNER, Senior Circuit Judge:

New Beckley Mining Corporation sued the United Mine Workers of America (UMWA) for injunctive relief in West Virginia state court charging violations of West Virginia laws, and it later filed a suit against the union in federal district court alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68 and West Virginia...

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