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INTERNATIONAL UNION, UMWA v. COVENANT COAL CORP.

No. 91-2078.

977 F.2d 895 (1992)

INTERNATIONAL UNION, UNITED MINE WORKERS of AMERICA, Plaintiff-Appellant, v. COVENANT COAL CORPORATION; William B. Simmons; Jack Simmons; Bill Simmons; Dennis Simmons; George Kidd; Ron Jackson; Bernard Simmons, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1992.

As Amended November 2, 1992.

Attorney(s) appearing for the Case

Judith Ann Scott, United Mine Workers of America, Washington, D.C., argued (Robert H. Stropp, Jr., United Mine Workers of America, Washington, D.C., James J. Vergara, Jr., Vergara & Associates, Hopewell, Va., on brief) for plaintiff-appellant.

Gardner G. Courson, Glass, McCullough, Sherrill & Harrold, Atlanta, Ga., argued (Allen W. Groves, Glass, McCullough, Sherrill & Harrold, Atlanta, Ga., Robert M. Galumbeck, Deannis Simmons, Dudley, Galumbeck & Simmons, Tazewell, Va., on brief), for defendants-appellees.

Before WIDENER and HAMILTON, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

ELLIS, District Judge:

This appeal calls upon this court to decide whether a federal court has jurisdiction under section 301 of the Labor Management Relations Act (the "LMRA"), 29 U.S.C. § 185, to entertain a claim of tortious interference with a collective bargaining agreement in which defendants are non-signatories of that agreement. Appellant, the International Union, United Mine Workers of America (the "Union"), appeals from the district...

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