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UNITED MINE WORKERS v. RAG AMERICAN

No. 02-1456.

392 F.3d 1233 (2004)

UNITED MINE WORKERS OF AMERICA, International Union, Plaintiff-Appellee, v. RAG AMERICAN COAL COMPANY; Midwest Coal Company; Plateau Mining Corporation, Defendants-Appellants, and Cyprus Western Coal Company, Defendant, v. Plateau Mining Corporation; Midwest Coal Company, Plaintiffs-Appellants, v. International Union, United Workers of America; District 22, United Mine Workers of America; Local Union No. 1681, United Mine Workers of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 30, 2004.

Attorney(s) appearing for the Case

Forrest H. Roles, of Dinsmore & Shohl LLP, Charleston, WV (W. Gregory Mott, of Ogletree, Deakins, Nash, Smoak & Stewart, Washington, DC, with him on the briefs), appearing for the Defendants-Appellants.

Deborah Stern, United Mine Workers of American International Union, Fairfax, VA (Richard Rosenblatt, of Boyle, Tyburski & Rosenblatt, Englewood, CO, with her on the brief), appearing for Plaintiff-Appellee.

Before SEYMOUR, Circuit Judge, McKAY, Senior Circuit Judge, and McCONNELL, Circuit Judge.

SEYMOUR, Circuit Judge.

This dispute arises out of a collective bargaining agreement (CBA) between the United Mine Workers of America (UMWA) and Amax Coal Company (Amax Coal).1 In 1993, the UMWA and Amax Coal signed the National Bituminous Coal Wage Agreement (NBCWA), which required Amax Coal to include in any sale of its operations contract terms mandating that the purchaser assume Amax Coal's obligations under the NBCWA. In 1996, Amax...

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