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DISTRICT 17, UMWA v. APOGEE COAL CO.

No. 93-1595.

13 F.3d 134 (1993)

DISTRICT 17, UNITED MINE WORKERS OF AMERICA; Local Union 5958, United Mine Workers of America, Plaintiffs-Appellees, v. APOGEE COAL COMPANY, a/k/a Arch of West Virginia, Incorporated, a corporation, Defendant-Appellant, and Arch Mineral Corporation, a corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

Forrest Hansbury Roles, Smith, Heenan & Althen, Charleston, WV, argued (Lynn M. Rausch, Smith, Heenan & Althen, Washington, DC, on brief), for defendant-appellant.

Michael F. Niggemyer, Charleston, WV, argued (Charles F. Donnelly, on brief), for plaintiffs-appellees.

Before MURNAGHAN, WILKINSON, and WILKINS, Circuit Judges.

OPINION

WILKINS, Circuit Judge:

Apogee Coal Company (Apogee) appeals a preliminary injunction entered by the district court, enforcing during the pendency of this litigation an arbitration award entered following arbitration between Apogee and District 17, United Mine Workers of America (the Union). Because we find that the district court erred in failing to apply the provisions of the Norris-LaGuardia Act, 29 U.S.C.A. §§ 101-15 (West 1973 &...

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