Garmeada Coal Co. v. Int'l Union Of The United Mine Workers Of Am., 230 F.2d 945 (6th Cir. 1956). · Go Syfert
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Garmeada Coal Co. v. Int'l Union Of The United Mine Workers Of Am., 230 F.2d 945 (6th Cir. 1956). Cases Citing This Book View Copy Cite
15 citation events (2 in the last 25 years) across 5 distinct courts.
Strongest positive: Excel Energy, Inc. v. Cannelton Sales Co. (ca6, 2007-08-24)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Excel Energy, Inc. v. Cannelton Sales Co.
6th Cir. · 2007 · signal: accord · confidence high
Co., 781 S.W.2d 753, 755 (Ky.1989)) (holding that the insurance company did not waive its right to refuse to renew the lapsed policy of a former insured by cashing a check from the insured which was refunded shortly thereafter); accord Garmeada Coal Co. v. Int’l Union of United Mine Workers of Am., 122 F.Supp. 512, 516 (E.D.Ky.1954) (holding that waiver “may be expressed formally or it may be implied as a necessary consequence of the waiver’s conduct inconsistent with an assertion of retention of the right”), aff'd, 230 F.2d 945 (6th Cir.1956).
discussed Cited "see, e.g." United Mine Workers of America v. Meadow Creek Coal Company, Inc.
6th Cir. · 1959 · signal: compare · confidence low
Compare, United Mine Workers of America v. Patton, 4 Cir., 1954, 211 F.2d 742 , 47 A.L.R.2d 850 , with Garmeada Coal Co. v. International Union, D.C.E.D.Ky.1954, 122 F.Supp. 512 , affirmed 6 Cir., 1956, 230 F.2d 945 .” This court has held, in United Brick & Clay Workers of America v. Deena Artware, 6 Cir., 198 F.2d 637, 642 , that the court of appeals has no right to set aside findings of fact, either of the jury in an action by the employer against a labor union for damages caused by secondary boycott, or of a trial examiner in a National Labor Relations Board proceeding to enforce its ceas…
discussed Cited "see, e.g." John L. Lewis, Charles A. Owen and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. Benedict Coal Corporation, United Mine Workers of America, and United Mine Workers of America, District 28 v. Benedict Coal Corporation
6th Cir. · 1958 · signal: compare · confidence low
Compare, United Mine Workers of America v. Patton, 4 Cir., 1954, 211 F.2d 742 , 47 A.L.R.2d 850 , with Garmeada Coal Co. v. International Union, D.C.E.D.Ky.1954, 122 F.Supp. 512 , affirmed 6 Cir., 1956, 230 F.2d 945 . 16 Finally, the Unions contend that even if liability for the strikes is imputable to them, the finding of damages in the amount of $81,017.68 was excessive and not supported by the evidence.
discussed Cited "see, e.g." Lewis v. Benedict Coal Corp.
6th Cir. · 1958 · signal: compare · confidence low
Compare, United Mine Workers of America v. Patton, 4 Cir., 1954, 211 F.2d 742 , 47 A.L.R.2d 850 , with Garmeada Coal Co. v. International Union, D.C.E.D.Ky. 1954, 122 F.Supp. 512 , affirmed 6 Cir., 1956, 230 F.2d 945 .
Retrieving the full opinion text from the archive…
Garmeada Coal Company
v.
International Union of the United Mine Workers of America, District 19 of the United Mine Workers of America, and Local Union 6130 of the United Mine Workers of America
12342_1.
Court of Appeals for the Sixth Circuit.
Feb 7, 1956.
230 F.2d 945
Published

230 F.2d 945

GARMEADA COAL COMPANY, Appellant,
v.
INTERNATIONAL UNION OF THE UNITED MINE WORKERS OF AMERICA, District 19 of the United Mine Workers of America, and Local Union 6130 of the United Mine Workers of America, Appellees.

No. 12342.

United States Court of Appeals Sixth Circuit.

February 7, 1956.

James Sampson, James S. Greene, Jr., Harlan, Ky., for appellant.

W. R. Lay and Grant F. Knuckles, Pineville, Ky., for appellees.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

PER CURIAM.

1

Appellant, an operator of coal mines in Bell County, Kentucky, brought an action for damages against the International Union of United Mine Workers of America, District 19 and Local 6130. It was asserted that the Local Union instituted a strike in violation of a contract between the Local and appellant, which strike lasted approximately a month, disrupted appellant's coal business, and caused the mining properties to deteriorate. The International Union and District 19 were alleged to have instigated and encouraged this strike. Trial by jury having been waived, the District Court after full hearing made careful and detailed findings of fact which are sustained by the record. It found, among other things, that the strike was called by the president of the Local; that the Local was not a party to the contracts alleged to have been violated; that there was no proof that the International Union's field agent instigated or encouraged the strike. On the contrary, the court found that the field agent made urgent appeals to the men to discontinue the strike and return to work. The court found that the Local in calling the strike did not act and was not authorized to act as agent of the International Union or of District 19.

2

These and other findings, so far from being clearly erroneous, are clearly correct, and the conclusions of law are in accordance with the applicable statutes and decisions. Cf. United Construction Workers v. Haislip Baking Co., 4 Cir., 223 F.2d 872.

3

Accordingly it is ordered that the judgment of the District Court be and it hereby is affirmed upon the grounds and for the reasons stated in the memorandum opinion, 122 F.Supp. 512, findings of fact, and conclusions of law of the District Court.