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RUM CREEK COAL SALES, INC. v. CAPERTON

No. 93-1540.

31 F.3d 169 (1994)

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

United States Court of Appeals, Fourth Circuit.

Decided July 25, 1994.

Attorney(s) appearing for the Case

ARGUED: Paul Michael Thompson, Hunton & Williams, Richmond, VA, for appellant. Jan L. Fox, Sp. Asst. Atty. Gen., Steptoe & Johnson, Charleston, WV, for appellees. ON BRIEF: James P. Naughton, Bruin S. Richardson, III, Hunton & Williams, Richmond, VA; Forrest H. Roles, Donna C. Kelly, Smith, Heenan & Althen, Charleston, WV, for appellant. Teresa L. Sage, Asst. Atty. Gen., South Charleston, WV, for appellees.

Before WIDENER, MURNAGHAN, and NIEMEYER, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion for the court, in which Judge WIDENER and Judge MURNAGHAN concurred in part. Judge WIDENER wrote a concurring opinion and Judge MURNAGHAN wrote an opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge:

This case, now here for the third time, presents issues relating to the proper allowance of attorneys fees to be awarded...

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