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  5. 283 S.E.2d 589 (1980)
 

CITY OF FAIRMONT v. RETAIL, WHOLESALE, ETC.

No. CC911.

283 S.E.2d 589 (1980)

CITY OF FAIRMONT, a municipal corporation, doing business as Fairmont General Hospital v. RETAIL, WHOLESALE, AND DEPARTMENT STORE UNION, AFL-CIO, et al.

Supreme Court of Appeals of West Virginia.

Concurring Opinion June 18, 1981.

Attorney(s) appearing for the Case

Furbee, Amos, Webb & Critchfield and Stephen R. Brooks, Fairmont, Thorp, Reed & Armstrong, Charles R. Volk and Martin J. Saunders, Pittsburgh, Pa., for plaintiff.

Grant F. Crandall, Bradley J. Pyles, Logan and Robert Poyourow, Charleston, for defendants.

McIntyre, Haviland & Jordan, James B. McIntyre and James M. Haviland, Charleston, for amicus curiae — W.Va. Labor Federation, AFL-CIO and Certain Locals of American Federation of Teachers, AFL-CIO.

MILLER, Justice.

The Circuit Court of Marion County determined that upon the limited facts presented to it through pleadings, affidavits and a summary judgment hearing that a peaceful strike by employees of a municipal hospital did not give rise to a cause of action for damages against certain labor unions. It thereupon certified its rulings to this Court under the provisions of W.Va. Code, 58-5-2. The certified questions are set out in the margin.

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