TRUMKA v. CLERK OF CIR. COURT OF MINGO CTY.

No. 16659.

332 S.E.2d 826 (1985)

Richard L. TRUMKA, Cecil Roberts and John Banovic, et al. v. CLERK OF the CIRCUIT COURT OF MINGO COUNTY, Sprouse Creek Processing Co.

Supreme Court of Appeals of West Virginia.

Decided June 3, 1985.

Concurring Opinion July 11, 1985.


Attorney(s) appearing for the Case

James M. Haviland & Gary A. Collins, McIntyre, Haviland & Jordan, Charleston, Bradley J. Pyles, Crandall, Pyles & Crandall, Logan, Michael Holland, Gen. Counsel, Washington, D.C., for petitioners.

Forrest H. Roles, Smith, Heenan & Althen, Charleston, Ronald E. Meisburg & William D. Florman, Smith, Heenan & Althen, Washington, D.C., Howard M. Persinger, Jr., Williamson, for respondents.

Southeastern Investigation & Security, Inc., R. Joseph Zak, Charleston, amicus curia.


MILLER, Justice:

This case arises out of a labor dispute between members of the United Mine Workers of America (UMWA)1 and two coal companies, the Sprouse Creek Processing Company and the Rocky Hollow Coal Company. These coal companies filed an action below seeking to enjoin the striking UMWA members from picketing and doing other activities near their places of business. The UMWA counterclaimed that the coal companies were violating W...

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