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CONSOLIDATION COAL CO. v. DISABLED MINERS OF SO. W. VA.

Civ. A. Nos. 1216, 1218, 1220-1223.

328 F.Supp. 1248 (1971)

CONSOLIDATION COAL COMPANY, a corporation, Plaintiff, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, an unincorporated association, et al., Defendants. UNITED STATES STEEL CORPORATION, a corporation, Plaintiff, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, an unincorporated association, et al., Defendants. YOUNGSTOWN MINES CORP., a corporation, Plaintiff, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, an unincorporated association, et al., Defendants. EASTERN ASSOCIATED COAL CORP. and Sterling Smokeless Coal Company, corporations, Plaintiffs, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, an unincorporated association, et al., Defendants. OLGA COAL COMPANY, a corporation, Plaintiff, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, an unincorporated association, et al., Defendants. RANGER FUEL CORPORATION, a corporation, Plaintiff, v. DISABLED MINERS OF SOUTHERN WEST VIRGINIA, an unincorporated association, et al., Defendants.

United States District Court, S. D. West Virginia, at Bluefield.

July 9, 11, 13, 1971.

Attorney(s) appearing for the Case

Harold R. Schmidt, Pittsburgh, Pa., Charles A. Tutwiler, Welch, W. Va., Russell L. Furbee, Fairmont, W. Va., for Consolidation Coal Co., Youngstown Mines Corp., Eastern Associated & Sterling Smokeless, Olga Coal Co.

Charles M. Love, Charleston, W. Va., for U. S. Steel Corp.

Ray E. Ratliff, Jr., Charleston, W. Va., for Association of Disabled Miners.

Richard M. Bank, Charleston, W. Va., for Robert Payne, Elmer Brown, Roma Cook, Bernard "Red" Cox, Levi Daniel, Jimmy Ellis, Leon Foley, John Mendez, George Mounts, Clifford Ratliff and James Turnstalle.

CHRISTIE, District Judge:

PROCEDURAL BACKGROUND

On July 9, 1970, Consolidation Coal Company instituted Action No. 1216 in this court to enjoin and restrain defendants from effectuating a restraint of interstate commerce in the production, sale and transportation of bituminous coal throughout the United States—and to recover damages for the injury resulting to it therefrom—alleging that a conspiracy was being effectuated particularly in the...

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