STATE of West Virginia ex rel. the AFFILIATED CONSTRUCTION TRADES FOUNDATION, a Division of the West Virginia Building and Construction Trades Council, AFL-CIO, and All Those Similarly Situated, Petitioner,
v.
William F. VIEWEG, Commissioner, Bureau of Employment Programs, and Compensation Programs Performance Council, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted June 29, 1999.
Decided July 14, 1999.
Attorney(s) appearing for the Case
Stuart Calwell, Esq., John H. Skaggs, Esq., The Law Offices of Stuart Calwell, PLLC, Charleston, West Virginia, Attorneys for the Petitioner.
Ancil G. Ramey, Esq., Thomas M. Woodward, Esq., L. Eugene Dickinson, Esq., WVBEP, Legal Services Bureau, Charleston, West Virginia, Attorneys for Vieweg.
Franklin D. Cleckley, Esq., Morgantown, West Virginia, Attorney for Compensation Programs Performance Council.
John L. McClaugherty, Esq., A.L. Emch, Esq., Mychal S. Schulz, Esq., Jackson & Kelly, Charleston, West Virginia, Attorneys for WV Chamber of Commerce.
Thomas P. Maroney, Esq., Thomas P. Maroney, L.C., Charleston, West Virginia, Attorney for AFL-CIO WV Labor Federation.
Bradley J. Pyles, Esq., Crandall, Pyles, Haviland & Turner, Logan, West Virginia, Attorney for United Mine Workers of America.
Karen Price, President, West Virginia Manufacturers Association, Charleston, West Virginia.
Amicus Briefs: Barbara H. Allen, Esq., William S. Steele, Esq., Attorney General Darrell V. McGraw, Jr., Anthony Majestro, Esq., William D. Turner, Esq., WV Trial Lawyers Association; John L. McClaugherty, Esq., A.L. Emch, Esq., Mychal S. Schulz, Esq., WV Coal Association & WV Mining & Reclamation Association; David Grubb, Esq., John Barret, Esq., WV Citizen Action Group, Inc.; Henry C. Bowen, Esq., WV Business & Industrial Council.
Amici Brief: John Poffenbarger, Esq., West Virginia Department of Administration; Perry Pauley, Esq., West Virginia Department of Education and the Arts; Susan Settle, Esq., West Virginia Department of Health and Human Resources; Phyllis Carter, Esq., West Virginia Department of Military Affairs and Public Safety; Dale W. Steager, Esq., West Virginia Department of Tax and Revenue; Anthony G. Halkias, Esq., West Virginia Department of Transportation; William E. Adams, Jr., Esq., West Virginia Bureau of Environment.
Supreme Court of Appeals of West Virginia.
PER CURIAM:
This case is before the Court upon a petition for writ of prohibition filed by the petitioner, The Affiliated Construction Trades Foundation, a division of the West Virginia Building and Construction Trades Council, AFL-CIO, and all those similarly situated, against the respondents, William F. Vieweg, Commissioner, Bureau of Employment Programs, and the Compensation Programs Performance Council. The petitioner...
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