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CONSOL. COAL CO. v. LOCAL 1643, UNITED MINE WORKERS

No. 94-1726.

48 F.3d 125 (1995)

CONSOLIDATION COAL COMPANY, a corporation, Plaintiff-Appellee, v. LOCAL 1643, UNITED MINE WORKERS OF AMERICA; District 17, United Mine Workers of America, unincorporated labor associations, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1995.

Attorney(s) appearing for the Case

ARGUED: Sarah J. Starrett, United Mine Workers of America, Washington, DC, for appellants. Robert Mason Steptoe, Jr., Steptoe & Johnson, Clarksburg, WV, for appellee. ON BRIEF: Charles F. Donnelly, Hostler Law Offices, Charleston, WV, for appellants. Carolyn A. Wade, John R. Merinar, Jr., Steptoe & Johnson, Clarksburg, WV, for appellee.

Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge MICHAEL and Senior Judge PHILLIPS joined.

OPINION

DONALD RUSSELL, Circuit Judge:

Defendants-Appellants Local 1643, United Mine Workers of America (UMWA) and District 31, UMWA (collectively "the Union") appeal the district court's acceptance in whole of a Magistrate Judge's recommendation to vacate an arbitrator's decision in their favor and against Plaintiff...

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