Nos. 91-1882, 92-1145.

971 F.2d 1148 (1992)

RUM CREEK COAL SALES, INCORPORATED, Plaintiff-Appellant, v. W. Gaston CAPERTON; J.R. Buckalew; A.W. (Gene) Bumgardner; Glen A. Ables; David L. Belcher; B.R. Chafin; P.D. Clemons; W.E. McGraw, II; C.E. Akers, K.W. Cordial; W.R. Gibson; C.P. Miller; J.B. Schoolcraft; B.A. Sloan; Gary R. Tincher, and other officers of the West Virginia State Police whose identity is presently unknown to Plaintiff; West Virginia State Federation, AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1992.

Attorney(s) appearing for the Case

Paul Michael Thompson, Hunton & Williams, Richmond, Va., argued (James P. Naughton, Gregory B. Robertson, Todd A. Leeson, Richmond, Va., Forrest H. Roles, Donna M. Colberg, Mark A. Carter, Smith, Heenan & Althen, Charleston, W. Va., on brief), for plaintiff-appellant.

Jan L. Fox, Deputy Atty. Gen., Office of Atty. Gen., Charleston, W. Va., argued (Mark A. Carter, Mario J. Palumbo, Atty. Gen., Bruce R. Walker, Office of Atty. Gen., Charleston, W. Va., Teresa Sage, Asst. Atty. Gen., Dept. of Public Safety, South Charleston, W. Va., Grant Crandall, William D. Turner, Crandall & Pyles, Thomas Patrick Maroney, Charleston, W. Va., on brief), for defendants-appellees.

Before WIDENER, MURNAGHAN, and NIEMEYER, Circuit Judges.


MURNAGHAN, Circuit Judge:

The present case originally arose as an appeal from the district court's denial of a preliminary injunction. Appellant Rum Creek Coal Sales, Inc. ("appellant" or "Rum Creek") sought relief against the West Virginia Department of Public Safety (the "Police") who appellant believed failed to protect its interests during a strike of its workers because of the Police's construction of two state statutes, a "Trespass" Statute...

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