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INTERNATIONAL UNION, MINE WORK, AM. v. APOGEE COAL

No. 01-6584.

330 F.3d 740 (2003)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Plaintiff-Appellant, v. APOGEE COAL CO., Arch Coal Inc., and Ark Land Co., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 5, 2003.

Attorney(s) appearing for the Case

Deborah Stern, Assistant General Counsel (argued and briefed), United Mine Workers of America, Fairfax, VA, James R. Hampton (briefed), Hazard, KY, John R. Mooney (briefed), Mooney, Green, Baker & Saindon, Washington, DC for Plaintiff-Appellant.

Thomas P. Gies (argued and briefed), Crowell & Moring, Washington, DC, Michael W. Hawkins, Dinsmore & Shohl, Cincinnati, OH, Barbara B. Edelman, Lizbeth L. Baker, Dinsmore & Shohl, Lexington, KY, for Defendant-Appellees.

Before CLAY and GIBBONS, Circuit Judges; DUGGAN, District Judge.

OPINION

GIBBONS, Circuit Judge.

Plaintiff-appellant United Mine Workers of America (UMWA) filed suit in federal district court pursuant to § 301 of the National Labor Relations Act, 29 U.S.C. § 185, alleging that defendants-appellees Apogee Coal Co. (Apogee) (an employer signatory to a collective bargaining agreement with the UMWA), Arch Coal Inc. (Arch) (the parent company of Apogee), and Ark Land Co.(Ark Land)(a wholly owned subsidiary of Arch...

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