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PEABODY COAL MINE v. LOCAL U. NO. 7869, UNITED MINE WKRS.

No. FS-73-C-67.

360 F.Supp. 615 (1973)

PEABODY COAL MINE, Plaintiff, v. LOCAL UNION NO. 7869, UNITED MINE WORKERS OF AMERICA, Defendant.

United States District Court, W. D. Arkansas, Fort Smith Division.

July 5, 1973.

Attorney(s) appearing for the Case

Gerald L. DeLung of Warner, Warner, Ragon & Smith, Fort Smith, Ark., Harold I. Elbert of Kohn, Shands, Elbert, Gianoulakis & Giljum, St. Louis, Mo., for plaintiff.

Sam Sexton, Jr., Fort Smith, Ark., for defendant.

OPINION

JOHN E. MILLER, Senior District Judge (sitting by designation).

Pleadings

The plaintiff is a corporation duly organized and existing under the laws of the State of Delaware, is duly licensed to do business in Arkansas, and is an employer engaged in commerce within the meaning of 29 U.S.C.A. § 152(2) and (7).

The defendant is an unincorporated labor organization duly chartered by International Union, United Mine Workers...

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