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UNITED MINE WORKERS OF AMERICA v. PEABODY COAL CO.

No. 93-6020.

38 F.3d 850 (1994)

UNITED MINE WORKERS OF AMERICA, AFL-CIO, Plaintiff-Appellant, v. PEABODY COAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 31, 1994.

Rehearing and Suggestion for Rehearing Denied December 14, 1994.

Attorney(s) appearing for the Case

Christy Hoffman (briefed), Robert H. Stropp, United Mine Workers of America, Washington, DC, George N. Davies (argued), Robert M. Weaver (briefed), Longshore, Nakamura & Quinn, Birmingham, AL, Jerry P. Rhoads (briefed), Rhoads & Rhoads, Madisonville, KY, for United Mine Workers of America AFL-CIO.

Winfrey P. Blackburn, Stites & Harbison, Frankfort, KY, James D. Moyer, Michael D. Risley (argued and briefed), Stites & Harbison, Louisville, KY, for Peabody Coal Co.

Julie H. Hurwitz, Kary L. Moss (briefed), the Sugar Law Center for Economic and Social Justice, Detroit, MI, for amicus curiae International Union, United Auto., Aerospace and Agricultural Implement Workers of America (UAW), Oil, Chemical and Atomic Workers Intern. Union (OCAWIU); Auto. Mechanics Local 701, Intern. Ass'n of Machinists, Guild/Sugar Law Center for Economic and Social Justice.

Mona C. Zeiberg (briefed), National Chamber Litigation Center, Washington, DC, for amicus curiae The Chamber of Commerce of the U.S.

Before KENNEDY, RYAN, and NORRIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 14, 1994.

RYAN, Circuit Judge.

The plaintiff, United Mine Workers of America, appeals the district court's order dismissing on summary judgment the plaintiff's complaint that the defendant, Peabody Coal Company, violated the Worker Adjustment and Retraining Notification Act (WARN), 29 U.S.C. §§ 2101 et seq., by closing a mining facility without providing employees with the statutorily...

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