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UNITED MINE WORKERS OF AMERICA v. MARTINKA COAL

No. CIV. A. 1:96-CV-156.

45 F.Supp.2d 521 (1999)

UNITED MINE WORKERS OF AMERICA INTERNATIONAL UNION, United Mine Workers of America District 31, Richard L. Eddy, George Thomas Ice, and Delas A. Stuzen, Plaintiffs, v. MARTINKA COAL COMPANY and Eastern Associated Coal Corporation, Defendants.

United States District Court, N.D. West Virginia.

March 26, 1999.

Attorney(s) appearing for the Case

James M. Haviland, Crandall, Pyles, & Haviland, Charleston, WV, Barry A. Woodbrey, Jr., UMWA International Union, Sarah J. Starrett, Washington, DC, for Plaintiff United Mine Workers of America International Union.

Charles F. Donnelly, Hostler Law Offices, Charleston, WV, for Plaintiff United Mine Workers of America District 31, Richard L. Eddy, George Thomas Ice, Delas A. Stuzen.

C. David Morrison, Larry J. Rector, Steptoe & Johnson, Clarksburg, WV, Bryan R. Cokley, Steptoe & Johnson, Charleston, WV, for Defendants Martinka Coal Company and Eastern Associated Coal Corporation.

AMENDED FINDINGS FACT AND CONCLUSIONS OF LAW REGARDING DAMAGES UNDER THE WARN ACT

KEELEY, District Judge.

In a memorandum opinion and order dated December 30, 1997, this Court found that the defendants had violated the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101-09 ("WARN" or the WARN Act) by laying off 89 workers on October 3, 1995, one day after they announced the closing of Martinka Coal Company's ("Martinka...

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