Island Creek Coal Co. v. Local Union No. 1827 Of The United Mine Workers Of Am., 568 F.2d 7 (6th Cir. 1977). · Go Syfert
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Island Creek Coal Co. v. Local Union No. 1827 Of The United Mine Workers Of Am., 568 F.2d 7 (6th Cir. 1977). Cases Citing This Book View Copy Cite
20 citation events (9 in the last 25 years) across 10 distinct courts.
Strongest positive: Fitts v. Sicker (ca6, 2007-02-08)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
cited Cited as authority (rule) Fitts v. Sicker
6th Cir. · 2007 · confidence medium
Swift, 1990 WL 25806 at *1 ; Island Creek Coal Co., 568 F.2d at 8.
discussed Cited as authority (rule) Conn Aire, Inc. v. J.C. Leasing
6th Cir. · 1989 · signal: cf. · confidence medium
Cf. Island Creek Coal Co. v. Local Union No. 1827, 568 F.2d 7 (6th Cir.1977) (per curiam), where we refused to dismiss an appeal for failure to serve a statement of issues presented because "Appellees were neither misled nor prejudiced" and because there was "no evidence that Appellant's omission ... was made in bad faith." Id. at 8. 15 The other circuits are generally in accord with this approach.
cited Cited "see" Scott v. Superintendent
2d Cir. · 2010 · signal: see · confidence high
See McKinnon v. Patterson, 568 F.2d 7 There is no evidence in the record that the DOC defendants had any contact at all with Scott during this period.
cited Cited "see" McLaurin v. Cole
6th Cir. · 2002 · signal: see · confidence high
See Island Creek Coal Co. v. Local Union No. 1827, 568 F.2d 7 , 8 (6th Cir.1977).
discussed Cited "see" Turner v. Davis, Gillenwater & Lynch (In Re Investment Bankers, Inc.)
D. Colo. · 1990 · signal: see · confidence high
See Island Creek Coal Co. v. Local Union No. 1827, 568 F.2d 7 , 8 (6th Cir.1977) (holding that designating only a partial transcript for appeal did not warrant dismissal where appellees were neither misled nor prejudiced by appellant’s failure to serve a statement of issues, appellees could have sought supplement to record, and there was no evidence that appellant’s omission was made in bad faith); see also In re Bienert, 48 B.R. 326, 326-28 (N.D.Iowa 1985) (holding that an untimely designation of issues by the debtor did not warrant dismissal).
cited Cited "see" Hawaiian Trust Co., Ltd. v. Cowan
Haw. App. · 1983 · signal: see · confidence high
See Island Creek Coal Co. v. Local Union No. 1827, 568 F.2d 7 (6th Cir. 1977). 4 Court’s Exhibit 1. 5 Exhibits G and H. 6 Hawaii Revised Statutes § 656-1 (1976 & Supp. 1982) applies to lease of land.
discussed Cited "see" In Re Winner Corporation
3rd Cir. · 1980 · signal: see · confidence high
See Island Creek Coal Co. v. Local Union No. 1827, 568 F.2d 7 (6th Cir. 1977), citing Drybrough, supra. 19 The judgment of the District Court is reversed, and the case is remanded for reinstatement of the bank's appeal.
discussed Cited "see" Third National Bank v. Winner Corp.
6th Cir. · 1980 · signal: see · confidence high
See Island Creek Coal Co. v. Local Union No. 1827, 568 F.2d 7 (6th Cir. 1977), citing Drybrough, supra. The judgment of the District Court is reversed, and the case is remanded for reinstatement of the bank’s appeal.
discussed Cited "see, e.g." In re Felix
6th Cir. BAP · 2018 · signal: see also · confidence low
See also Island Creek Coal Co. v. Local Union No. 1827 of United Mine Workers of Am., 568 F.2d 7 , 8 (6th Cir. 1977) (holding that dismissal was not warranted on the ground that appellant’s designation of the record on appeal was incomplete where appellees were neither misled nor prejudiced by appellant’s error, and there was no evidence that appellant’s omission was made in bad faith).
cited Cited "see, e.g." Hampton v. Washoe County
Nev. · 1983 · signal: see also · confidence low
See also Island Creek Coal Co. v. Local 1827, UMW, 568 F.2d 7 (6th Cir. 1977).
discussed Cited "see, e.g." Oak Grove Investors v. Bell & Gossett Co.
Nev. · 1983 · signal: see also · confidence low
See also Island Creek Coal Co. v. Local 187, UMW, 568 F.2d 7 (6th Cir. 1977). *621 In its Statement of Points, appellant averred that respondent manufactured the Monoflo fittings and failed to warn of the dangers from the increased water velocity caused by the fittings.
Retrieving the full opinion text from the archive…
Island Creek Coal Company, Rebel Coal Company, Cole and White Coal Company, Paul J. Rayburn Construction Company, Elm Coal Corporation and Western Coal Company
v.
Local Union No. 1827 of the United Mine Workers of America
76-1652.
Court of Appeals for the Sixth Circuit.
Dec 30, 1977.
568 F.2d 7
Published

568 F.2d 7

97 L.R.R.M. (BNA) 2315, 82 Lab.Cas. P 10,284

ISLAND CREEK COAL COMPANY, Rebel Coal Company, Cole and
White Coal Company, Paul J. Rayburn Construction
Company, Elm Coal Corporation and
Western Coal Company,
Plaintiffs-Appellees,
v.
LOCAL UNION NO. 1827 OF the UNITED MINE WORKERS OF AMERICA,
Defendant-Appellant.

No. 76-1652.

United States Court of Appeals,
Sixth Circuit.

Argued Oct. 4, 1977.
Decided Dec. 30, 1977.

Robert J. Greene, Paul D. Deaton, Paintsville, Ky., for defendant-appellant.

D. B. Kazee, Francis, Kazee & Francis, Fred G. Francis, Prestonsburg, Ky., for plaintiffs-appellees.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

PER CURIAM.

1

In the spring of 1975, certain members of Local Union 1827, United Mine Workers of America (UMW), engaged in a series of unauthorized strikes at facilities operated by Island Creek Coal Company in Martin County, Kentucky.[1] On May 16, 1975, the United States District Court for the Eastern District of Kentucky issued a permanent injunction against the strikes, prohibiting the Local and its members from engaging in any strikes or work stoppages in connection with disputes subject to the grievance procedures of the National Bituminous Coal Wage Agreement of 1974. During the month of February, 1976, certain members of Local 1827 picketed the Island Creek facility on three separate occasions. Appellees thereupon filed a motion to hold both the Local and the individual strikers in contempt for violating the permanent injunction. After two days of hearings, the District Court granted the motion, and ordered the Local to pay a compensatory fine of $21,000.00. The Court also found twelve individual strikers in contempt and committed each to the county jail for three days. They filed no appeal.

2

The Local appeals[2] contending the union cannot be held vicariously liable for unauthorized strikes by individual members. It admits that some of its members violated the permanent injunction, but maintains that there is no evidence of union authorization or encouragement of those violations.

3

Appellees move for dismissal of this appeal on the ground that Appellant designated only a partial transcript for the record on appeal without serving upon Appellees a statement of issues to be presented, as required by Rule 10(b), Federal Rules of Appellate Procedure. We do not find dismissal warranted in this case. Appellees were neither misled nor prejudiced by Appellant's failure to serve a statement of issues, and they have had ample time to seek supplementation of the record. See Committee Note of 1966 to New Rule 75(b), now Appellate Rule 10(b). Moreover, there is no evidence that Appellant's omission here was made in bad faith. See Drybrough v. Ware, 111 F.2d 548, 550 (6th Cir. 1940). The motion to dismiss the appeal is therefore denied.

4

As to the substantive issue, we note that at the time of the contempt hearings, the District Court did not have the benefit of our opinions in Peabody Coal Co. v. Locals 1734, 1508 and 1584, UMW, 543 F.2d 10, 12 (6th Cir. 1976), cert. den., 430 U.S. 940, 97 S.Ct. 1571, 51 L.Ed.2d 787 (1977), and Southern Ohio Coal Co. v. UMW, 551 F.2d 695, 701 (6th Cir.), cert. den., --- U.S. ----, 98 S.Ct. 227, 54 L.Ed.2d 155 (1977). Both of these cases bear directly on the issue raised by Appellant. Accordingly, it is ordered that the judgment of the District Court as to Local 1827 be vacated and the case remanded for further consideration in light of Peabody Coal and Southern Ohio Coal.

5

No costs allowed.

1

The facility struck was Island Creek's Pevler Mine, at which the company operates a coal processing plant. The other plaintiffs apparently work under contract with Island Creek

2

Appellees maintain that the contempt order is not appealable, under the doctrine of Fox v. Capital Co., 299 U.S. 105, 57 S.Ct. 57, 81 L.Ed. 67 (1936). There, the Supreme Court held that a party to a pending proceeding could not appeal a civil contempt order prior to final judgment on the underlying action. Although the District Court proceedings were not formally terminated at the time of this appeal, we find that the permanent injunction was a sufficiently final order to justify review at this stage. See Peabody Coal Co. v. Locals 1734, 1508 & 1548, UMW, 484 F.2d 78, 84 (6th Cir. 1973)