986 F.2d 1421

LOCAL UNION NO 1812, UNITED MINE WORKERS OF AMERICA; District 17, United Mine Workers of America; International Union, United Mine Workers of America; Fred Davis; James Tucker; and Connie Bryant, Plaintiffs-Appellants, v. BETHENERGY MINES, INC.; Rob Fork Mining Corporation; Rob Fork Processing Corporation; Jackal Mining Company; Sidewinder Mining Company; Mine 21 Corporation; Mine 25 Corporation; Mine 26 Corporation; Mine 26 Processing Corporation; American Elkhorn Coal Company, Inc.; Quaker Coal Company, Inc. Branham & Baker Coal Company, Inc.; Damron Coal Corporation; Donn Chicerking, Individually and as Owner, Officer, and/or Director of Mine 21 Corporation, Mine 25 Corporation, Mine 26 Corporation, Mine 26 Processing Corporation, Rob Fork Mining Corporation, Rob Fork Processing Corporation, Quaker Coal Company, Inc., Branham & Baker Coal Company, Inc., and Damron Coal Company; K.T.K. Mining and Construction Company; Kiah Creed Mining Company; Todd Kiscaden, Individually and as Owner, Officer and Director of Jackal Mining Company, Sidewinder Mining Company, Kiah Creek Mining Company, and K.T.K. Mining and Construction Company; Johnny Shumate, doing business as Mounting Engineering, Inc.; Keith Vanhooser, Individually and as Owner, Officer and/or Director of Sidewinder Mining Company, Defendants-Appellees.