KRUSE v. SNOWSHOE CO.

No. 83-1206.

715 F.2d 120 (1983)

John J. KRUSE and Leonard K. Jackson, Appellees, v. SNOWSHOE COMPANY, a West Virginia corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1983.


Attorney(s) appearing for the Case

Deborah A. Sink, Chester, Va. (P. Michael Pleska, Bowles, McDavid, Graff & Love, Charleston, W. Va., on brief), for appellant.

James R. Snyder, Charleston, W. Va. (Thomas E. Potter, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., John J. Kruse, Leonard K. Jackson, on brief), for appellees.

Before PHILLIPS and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


SPROUSE, Circuit Judge:

This is an appeal from an order of the district court granting John J. Kruse and Leonard K. Jackson's motion for a preliminary injunction against Snowshoe Company. The order prohibited Snowshoe, the operator of a ski resort located in West Virginia, from obstructing a road used by Kruse and Jackson for access to property contiguous to Snowshoe's resort property. Snowshoe contends on appeal that the district court should have abstained because...

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