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KIRKER v. MOORE

Civ. A. No. 69-61.

308 F.Supp. 615 (1970)

Lyle KIRKER, Secretary-Treasurer and Business Manager of the Laborers' District Council of Charleston, West Virginia, Laborers' District Council of Charleston, West Virginia, and Vernon R. Gollihugh et al., Plaintiffs, v. Arch A. MOORE, Jr., individually and in his capacity as Governor of the State of West Virginia, William S. Ritchie, individually and in his capacity as State Road Commissioner of the State of West Virginia, Ted R. Riffle, individually and in his capacity as Cabell County Supervisor of the State Road Commission of West Virginia, and State Road Commission of West Virginia, Defendants.

United States District Court S. D. West Virginia, Charleston Division.

January 12, 1970.

Attorney(s) appearing for the Case

Jules Bernstein, Washington, D. C., and James B. McIntyre, Charleston, W. Va., for plaintiffs.

F. Paul Chambers, John R. Lukens and Louis Southworth II, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., for defendants Governor Arch A. Moore, Jr., William S. Ritchie, State Road Commission and Ted R. Riffle in his official capacity as county road supervisor.

Richard E. Tyson, Huntington, W. Va., for Ted R. Riffle individually.

MEMORANDUM OPINION

FIELD, Chief Judge.

This action was instituted by Lyle Kirker in his capacity as Secretary-Treasurer and Business Manager of the Laborers' District Council of Charleston, West Virginia (hereinafter referred to as "Council") which is a labor organization and a voluntary unincorporated association affiliated with the Laborers' International Union of North America, AFL-CIO, the Council itself...

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