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PEABODY COAL CO. v. INTERNATIONAL UNION, U. M. W. A.

No. 76-802C(3).

430 F.Supp. 205 (1977)

PEABODY COAL COMPANY, Plaintiff, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Defendant.

United States District Court, E. D. Missouri, E. D.

April 21, 1977.

Attorney(s) appearing for the Case

Alan C. Kohn and Harold I. Elbert, Kohn, Shands, Elbert, Gianoulakis & Giljum, St. Louis, Mo., for plaintiff.

Harrison Combs and Willard P. Owens, Washington, D. C., Ward Fickie, Biggs, Curtis, Casserly & Barnes, Clayton, Mo., for defendant.

MEMORANDUM

WANGELIN, District Judge.

In this action plaintiff seeks to require the United Mine Workers of America (the International) to exert its influence to limit unauthorized or "wildcat" strikes by local unions. The action is based upon an alleged contractual duty on the part of the International to maintain "the integrity of the contract". Defendant has moved to dismiss the action on two theories1, one procedural and the...

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