Smitty Baker Coal Company, Inc. v. United Mine Workers of America, Smitty Baker Coal Company, Inc. v. United Mine Workers of America

DONALD RUSSELL, Circuit Judge:

This is an action by the plaintiff Smitty Baker Coal Company, Inc. (Smitty Baker) charging a conspiracy by the defendant United Mine Workers (UMW) violative of the antitrust laws, 1 to which it joined an action under the National Labor Management Relations Act. The action under the National Labor Management Relations Act was abandoned, and the cause proceeded solely under the antitrust claim. At trial the plaintiff recovered a verdict against the defendant for $1,250,000. 2 After trial defendant moved for judgment notwithstanding the verdict or in the alternative…