Bethlehem Mines Corp. v. United Mine Workers of America

456 F.2d 1233

• Court: Court of Appeals for the Third Circuit
• Decided: February 28, 1972
• Docket: 1233
• Status: Published

Opinions

OPINION OF THE COURT

PER CURIAM:

Appellants, United Mine Workers of America and individual union members appeal from the order of the district court denying their motion for costs, expenses and attorneys’ fees. The circumstances giving rise to this appeal are factually and legally the same as those in United States Steel Corp. v. United Mine Workers, 456 F.2d 483, Civil Nos. 19,454-19,481 (3d Cir. 1972). The order of the district court will be reversed and the cases remanded to the district court for the entry of a judgment consistent with that opinion awarding the stipulated attorneys’ fees and the stipulated expenses except for statutory costs on the prior appeal.

Appellee Republic Steel Corporation has moved to dismiss the appeal of appellant Trbovich. Republic contends that Trbovich is no longer a party to the action because Republic had voluntarily dismissed its complaint against him and that Trbovich was never brought within the jurisdiction of the court because he was not served with process in the original action. Trbovich was bound by the terms of the injunction order and, so bound, he appealed. No issue as to his standing was raised on the original appeal in which he was successful. The plaintiff cannot after his successful appeal deprive him of reimbursement for attorneys’ fees and costs by a voluntary dismissal. The motion to dismiss his appeal will be denied and the case remanded for proceedings consistent with this opinion.