# South-East Coal Company v. Consolidation Coal Company, South-East Coal Company v. United Mine Workers of America

> Court of Appeals for the Sixth Circuit · November 18, 1970 · 434 F.2d 767

URL: https://www.frixlaw.com/law-library/cases/9456258

## Case

- **Full name:** SOUTH-EAST COAL COMPANY, Plaintiff-Appellee, v. CONSOLIDATION COAL COMPANY, Defendant-Appellant; SOUTH-EAST COAL COMPANY, Plaintiff-Appellee, v. UNITED MINE WORKERS OF AMERICA, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** November 18, 1970
- **Citations:** 434 F.2d 767; 75 L.R.R.M. (BNA) 2634; 1970 Trade Cas. (CCH) 73,391; 1970 U.S. App. LEXIS 6356
- **Precedential status:** Published
- **Opinion:** Concurrence by Phillips
- **Judges:** Phillips, Celebrezze, Brooks
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9456258

## How later opinions describe it (automated extraction)

- holding that “when a labor union and an employer enter into a plan or scheme of the type which results in the union closing its exemption from liability under the antitrust law, that plan or scheme is by definition an unreasonable restraint under the antitrust laws”
- explaining that whether plaintiff's losses resulted from defendants' conduct or other market factors was for the jury to determine, as was witness credibility
- finding insufficient, without other evidence tending to establish prejudice, mere allegation that small company versus big company argument swayed jury

## Opinion text

PHILLIPS, Chief Judge
(concurring).
I do not interpret the opinion in this case to conflict with the opinion of Judge Edwards, in which I concurred, in Ramsey v. United Mine Workers of America, 416 F.2d 655 (6th Cir.), cert. granted, 397 U.S. 1006 , 90 S.Ct. 1238 , 25 L.Ed.2d 419 . I concur in the opinion prepared by Judge Brooks.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9456258. Public record. Not legal advice.