986 F.2d 1421w

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.

NOTE: THE COURT HAS WITHDRAWN THIS OPINION