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KAISER STEEL CORP. v. MULLINS

No. 80-1345.

455 U.S. 72 (1982)

102 S.Ct. 851

70 L.Ed.2d 833

KAISER STEEL CORP. v. MULLINS ET AL.

Supreme Court of United States.

Decided January 13, 1982

Attorney(s) appearing for the Case

A. Douglas Melamed argued the cause for petitioner. With him on the briefs was Lynn Bregman.

Stephen J. Pollak argued the cause for respondents. With him on the brief were Ralph J. Moore, Jr., Wendy S. White, and E. Calvin Golumbic.

Barbara E. Etkind argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Lee, Assistant Attorney General Baxter, Deputy Solicitor General Wallace, Robert B. Nicholson, Robert J. Wiggers, and T. Timothy Ryan, Jr.*

Briefs of amici curiae urging affirmance were filed by Alan M. Levy for the Central States, Southeast and Southwest Areas Pension Fund; by James P. Watson, George M. Cox, John S. Miller, Jr., and Lionel Richman for the Construction Laborers Trust Funds for Southern California et al.; by Gerald M. Feder and Denis F. Gordon for the National Co-ordinating Committee for Multiemployer Plans; by Wayne Jett and Julius Reich for the Operating Engineers Pension Trust et al.; and by Harrison Combs and Willard P. Owens for the United Mine Workers of America.

JUSTICE WHITE delivered the opinion of the Court.

The issue here is whether a coal producer, when it is sued on its promise to contribute to union welfare funds based on its purchases of coal from producers not under contract with the union, is entitled to plead and have adjudicated a defense that the promise is illegal under the antitrust and labor laws.

I

The National Bituminous Coal Wage Agreement of 1974 is a collective-bargaining agreement between...

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