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UNITED MINE WORKERS OF AMERICA v. MARTINKA COAL

No. 99-1581.

202 F.3d 717 (2000)

UNITED MINE WORKERS OF AMERICA, International Union; United Mine Workers Of America, District 31; Richard Eddy; George Thomas Ice; Delas A. Stuzen, Plaintiffs-Appellees, v. MARTINKA COAL COMPANY; Eastern Associated Coal Corporation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 4, 2000.

Attorney(s) appearing for the Case

ARGUED: Bryan Rex Cokeley, Steptoe & Johnson, Charleston, West Virginia, for Appellants. Judith Ellen Rivlin, United Mine Workers of America, Washington, D.C., for Appellees. ON BRIEF: Charles D. Morrison, Vanessa L. Goddard, Steptoe & Johnson, Clarksburg, West Virginia, for Appellants. Charles F. Donnelly, Donnelly, Carbone & Kettler, P.L.L.C., Charleston, West Virginia, for Appellees.

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Senior Judge BUTZNER.

OPINION

NIEMEYER, Circuit Judge:

In connection with their planned closing of a coal mine on December 5, 1995, Martinka Coal Company and Eastern Associated Coal Corporation gave notice on October 2, 1995, to more than 300 employees at the mine site that 89 employees would be laid off the next day...

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