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PROGRESSIVE MINERS OF AMERICA, ETC. v. PEABODY COAL CO.

No. 5309.

75 F.2d 460 (1935)

PROGRESSIVE MINERS OF AMERICA, LOCAL UNION NO. 109, et al. v. PEABODY COAL CO. et al.

Circuit Court of Appeals, Seventh Circuit.

February 6, 1935.

Attorney(s) appearing for the Case

George W. Dowell, of Du Quoin, Ill., Leal W. Reese and D. W. Johnston, both of Taylorville, Ill., N. Y. Dowell, of East Peoria, Ill., C. C. Dreman, of Belleville, Ill., and Oral P. Tuttle, of Harrisburg, Ill., for appellants.

George Gillespie, Edmund Burke, and Louis F. Gillespie, all of Springfield, Ill., for appellee United Mine Workers of America.

Thurlow G. Essington, George B. McKibbin, and Walter E. Beebe, all of Chicago, Ill., for appellee Peabody Coal Co.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.

SPARKS, Circuit Judge.

This appeal presents the question of the right of private individuals to maintain an action to enjoin an alleged violation of the National Recovery Act (48 Stat. 195) and to vacate certain orders of the administrative boards created to handle such controversies as were here involved.

Complainants, the appellants in this proceeding, brought a bill in equity in their representative capacity, seeking to enjoin what they designated here...

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