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United Mine Workers v. Railing

UNITED MINE WORKERS OF AMERICA v. RAILING Et Al., Dba C & P COAL CO.

United Mine Workers v. Railing, 401 U.S. 486 (1971)
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Court
Supreme Court of the United States
Decided
March 22, 1971
Docket
No. 1059
Judges
Harlan
Citations
401 U.S. 48691 S. Ct. 99128 L. Ed. 2d 27276 L.R.R.M. (BNA) 27791971 U.S. LEXIS 3647

Opinion — Per Curiam

Per Curiam.

The petition, for a writ of certiorari is granted, the judgment is vacated, and the case is remanded to the Court of Appeals for further consideration in light of Zenith Radio Corp.

v. Hazeltine Research, Inc., ante, p. 321. Both § 303 of the Labor Management Relations Act, 1947, 61 Stat. 158 , as amended, 29 U. S. C. § 187 , and § 4 of the Clayton Act, 38 Stat. 731 , as amended, 15 U. S. C. § 15 , give a cause of action for injury to business or property. Whether suits under the two statutes are distinguishable for purposes of determining the time at which a cause of action accrues warrants further exploration by the Court of Appeals. Further attention should also be given to the question of why a § 303 cause of action has sufficiently accrued to bring suit as soon as the plaintiff suffers damage but has not sufficiently accrued to start the running of the statute of limitations on the damages already suffered and for which suit may be but is not brought. • The Chief Justice and Mr. Justice Harlan would grant the petition for a writ of certiorari and set the case for argument on the merits.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11974: 21976: 21979: 21981: 119722026peak 1974 · 2

Relies on it most ⓘ

  1. Cecil L. Kinty, D/B/A Kinty Trucking Company v. United Mine Workers of America, Ruth M. Kittle, Individually and as Administratrix With Will Annexed of Theestate of Bertsell Kittle, Deceased v. United Mine Workers of America, Thomas J544 F.2d 706 (4th Cir. 1976)
  2. Kinty v. United Mine Workers of America544 F.2d 706 (4th Cir. 1976)
  3. Mobile Mechanical Contractors Ass'n v. Carlough664 F.2d 481 (5th Cir. 1981)
  4. Consolidated Express, Inc. v. New York Shipping Ass'n602 F.2d 494 (3d Cir. 1979)
  5. Consolidated Express, Inc. v. New York Shipping Association, Inc., Sea-Land Services, Inc., Seatrain Lines Inc., International Longshoremen's Association, Afl-Cio, International Terminal Operating Co., Inc., John M. McGrath Corp., Pittston Stevedoring Corp., United Terminals Corp., Universal Maritime Services Corp602 F.2d 494 (3d Cir. 1979)
  6. Barninger v. National Maritime Union372 F. Supp. 908 (S.D.N.Y. 1974)

Most recent

  1. Mobile Mechanical Contractors Ass'n v. Carlough664 F.2d 481 (5th Cir. 1981)
  2. Consolidated Express, Inc. v. New York Shipping Association, Inc., Sea-Land Services, Inc., Seatrain Lines Inc., International Longshoremen's Association, Afl-Cio, International Terminal Operating Co., Inc., John M. McGrath Corp., Pittston Stevedoring Corp., United Terminals Corp., Universal Maritime Services Corp602 F.2d 494 (3d Cir. 1979)
  3. Consolidated Express, Inc. v. New York Shipping Ass'n602 F.2d 494 (3d Cir. 1979)
  4. Cecil L. Kinty, D/B/A Kinty Trucking Company v. United Mine Workers of America, Ruth M. Kittle, Individually and as Administratrix With Will Annexed of Theestate of Bertsell Kittle, Deceased v. United Mine Workers of America, Thomas J544 F.2d 706 (4th Cir. 1976)
  5. Kinty v. United Mine Workers of America544 F.2d 706 (4th Cir. 1976)
  6. Cox v. Stanton381 F. Supp. 349 (E.D.N.C. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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