This section contains the nature of the case and procedural background.

Fout (D) was employed by the Milburn Colliery Co. as a coal miner. For six years, d leased a small house trailer from Imperial Colliery Co., (P) an interrelated company with Milburn. D signed a lease with P for an annual rent of $1 per year with the lease terminable upon either party with one month's notice. In February 14, 1986, P notified D that his lease was terminated. A two-month extension was agreed to. Eventually P sued for possession and D asserted retaliatory eviction in that he participated in a UMW strike against Milburn. D was evicted and appealed.

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