STATE EX REL. UMWA INTERN. UNION v. MAYNARD

No. 16682.

342 S.E.2d 96 (1985)

STATE ex rel. UMWA INTERNATIONAL UNION v. Hon. Elliott R. MAYNARD, Judge Circuit Court of Mingo County, et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion December 19, 1985.

Concurring Opinion March 12, 1986.


Attorney(s) appearing for the Case

James B. McIntyre, James M. Haviland, Gary A. Collias, McIntyre, Haviland & Jordan, Charleston, Larry Harless, Morgantown, Bradley J. Pyles, Logan, for appellant.

Forrest A. Roles, Smith, Heenan, Althen & Zanolli, Charleston, Howard Persinger, Williamson, for appellees.


MILLER, Chief Justice:

This case presents the question of whether a fine of $200,000 imposed by virtue of a prior order setting a prospective fine of $10,000 for each future violation of the circuit court's order was beyond the jurisdiction of the circuit court.

In the proceedings below, the Circuit Court of Mingo County issued a preliminary injunction on January 3, 1985, to limit picketing and other activities of...

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