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BUCK CREEK COAL, INC. v. UNITED WORKERS OF AMERICA

No. TH 94-0065-M/H.

917 F.Supp. 601 (1995)

BUCK CREEK COAL, INC., Plaintiff, v. UNITED WORKERS OF AMERICA, United Mine Workers of America, District 11, United Mine Workers of America, Local 4538, Roger T. Myers, William Yockey, Herb Priest, Steve Strahla, Harry Cowan, Loren Taylor, Joe Minks, and Rodney McGhee, Defendants.

United States District Court, S.D. Indiana, Terre Haute Division.

August 24, 1995.

Attorney(s) appearing for the Case

Patrick A. Shoulders, Ziemer Stayman Weitzel & Shoulders, Evansville, Indiana, for plaintiff.

John R. Mooney, Beins Axelrod Osborne Mooney & Greene, P.C., Sarah Starrett, International Union, United Mine Workers of America, Washington, DC, for defendants United Mine Workers of America, and Roger T. Myers.

Peggy A. Hillman, Indianapolis, Indiana, for all defendants.

ORDER ON MOTION TO DISMISS

McKINNEY, District Judge.

This cause pends before the Court on a motion to dismiss all counts of the Complaint filed by the defendants. The Complaint consists of three counts, one of which asserts a claim under the Racketeer Influenced and Corrupt Organizations Act ("RICO"). 18 U.S.C. §§ 1961-1968. The remaining two counts are claims under state law. Jurisdiction of this Court depends on the federal RICO claim...

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