LOCAL UNION NO. 1812 v. BETHENERGY MINES

No. 92-5064.

992 F.2d 569 (1993)

LOCAL UNION NO. 1812, UNITED MINE WORKERS OF AMERICA; District 17, United Mine Workers of America; International Union, United Mine Workers of America; Fred Davis; James Tucker; and Connie Bryant, Plaintiffs-Appellants, v. BETHENERGY MINES, INC.; Rob Fork Mining Corporation; Rob Fork Processing Corporation; Jackal Mining Company; Sidewinder Mining Company; Mine 21 Corporation; Mine 25 Corporation; Mine 26 Corporation; Mine 26 Processing Corporation; American Elkhorn Coal Company, Inc.; Quaker Coal Company, Inc.; Branham & Baker Coal Company, Inc.; Damron Coal Corporation; Donn Chickering, Individually and as Owner, Officer, and/or Director of Mine 21 Corporation, Mine 25 Corporation, Mine 26 Corporation, Mine 26 Processing Corporation, Rob Fork Mining Corporation, Rob Fork Processing Corporation, Quaker Coal Company, Inc., Branham & Baker Coal Company, Inc., and Damron Coal Corporation; K.T.K. Mining and Construction Company; Kiah Creek Mining Company; Todd Kiscaden, Individually and as Owner, Officer and Director of Jackal Mining Company, Sidewinder Mining Company, Kiah Creek Mining Company, and K.T.K. Mining and Construction Company; Johnny Shumate, doing business as Mountain Engineering, Inc.; Keith Vanhooser, Individually and as Owner, Officer and/or Director of Sidewinder Mining Company and Jackal Mining Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1993.


Attorney(s) appearing for the Case

Robert H. Stropp, United Mine Workers of America, Washington, DC, James R. Hampton (argued & briefed), Hazard, KY, for plaintiffs-appellants.

Lively M. Wilson, Shannon A. Northam, Joseph L. Hamilton (argued & briefed), Scot Duvall, Stites & Harbison, Louisville, KY, for BethEnergy Mines, Inc.

Forrest H. Roles (briefed), Mark E. Heath, Smith, Heenan & Althen, Charleston, WV, for defendants-appellees except Jackal Min. Co., Sidewinder Min. Co., K.T.K. Min. and Const. Co., Kiah Creek Min. Co., Todd Kiscaden, Johnny Shumate & Keith Vanhooser.

Charles J. Baird, Baird & Baird, Pikeville, KY, for remaining defendants-appellees.

Before: NORRIS and SILER, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.


PER CURIAM.

Plaintiffs, Local Union 1812, United Mine Workers of America, et al. ("UMWA"), appeal the district court's grant of summary judgment in favor of defendant, BethEnergy Mines, Inc. Plaintiffs brought a breach of contract action against BethEnergy Mines and Rob Fork Mining Corporation, and Rob Fork Processing Corporation, et al. ("Buyers"), in connection with the sale of BethEnergy coal mining operations to various buyers pursuant to an Asset...

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