U.S. Court of Appeals for the D.C. Circuit, 1961

Mile Branch Coal Company v. United Mine Workers of America

U.S. Court of Appeals for the D.C. Circuit · Decided January 12, 1961 · Burton, Prettyman, Fahy

286 F.2d 822; 109 U.S. App. D.C. 265; 47 L.R.R.M. (BNA) 2423; 1961 U.S. App. LEXIS 5602 (Federal Reporter, Second Series)

Counsel

Mr. Samuel L. Goldstein, of the bar ■of the Supreme Court of Pennsylvania, Pittsburgh, Pa., pro hac vice, by special leave of court, with whom Mr. Thurman Hill, Washington, D. C., was on the brief, for appellant., Mr. John J. Wilson, Washington, D. C., ■with whom Messrs. Willard P. Owens .and William E. Rollow, Washington, D. •C., were on the brief, for appellee.

Cases that cite this one

2 later published cases cite this decision.

Bethlehem Mines Corporation v. United Mine Workers of America Er Al. (3d Cir. 1974)
Peggs Run Coal Co. v. DISTRICT 5, UNITED MINE WKRS. OF AM. (District Court, W.D. Pennsylvania 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

In the District Court the Mile Branch •Coal Company, appellant, sued the United Mine Workers of America, appellee, for damages for alleged breach of provisions of the National Bituminous Coal Wage Agreement of 1950, as amended September 29, 1952, to which appellant and appellee were parties. Insofar as now material the theory of the action was that .appellant’s employees struck its coal mine in violation of provisions of the Agreement relating to the manner in which disputes were to be settled, and that appellee induced and encouraged the strike. The action was filed pursuant to section 301(a) of the Labor Management Relations Act 1 authorizing suits by and against labor organizations for violation of collective bargaining contracts.

Appellee’s motion for summary judgment was granted by the District Court upon the authority of this court’s decision in International Union, United Mine Workers of America v. N. L. R. B., 103 U.S.App.D.C. 207, 257 F.2d 211, where we held that a strike in similar circumstances was not a breach of the Agreement. Contra, Lewis v. Benedict Coal Corp., 6 Cir., 1958, 259 F.2d 346, affirmed, by an equally divided Court, 361 U.S. 459, 80 S.Ct. 489, 4 L.Ed.2d 442.

Upon the authority of International Union, United Mine Workers of America v. N. L. R. B., supra, the order of the District Court granting appellee’s motion for summary judgment is

Affirmed. 2

. § 301(a), 61 Stat. 156 (1947), 29 U.S.C.A. 185(a).

. For previous aspects of the litigation see Mile Branch Coal Co. v. United Mine Workers, 105 U.S.App.D.C. 321, 266 F.2d 919.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.