Legal Opinion · Dissent

Farley v. Zapata Coal Corp.

West Virginia Supreme Court

Decided August 17, 1981No. 14413Published

1DissentMiller, Justice

The majority ignores both the facts and the law in its result-oriented holding that liens may be enforced against Zapata Coal Corporation [Zapata] for liquidated damages and attorney fees because Zapata’s general contractor, M & T Corporation [M & T], failed to pay wages to its (M & T’s) employees as required under law. I take no issue with that portion of the opinion which concludes that Zapata is liable to M & T’s employees under our mechanic lien statute, W. Va. Code, 38-2-31, for the four weeks’ wages due as well as all accrued vacation and other fringe benefits contracted for between M &…

2Cases cited8 opinions

  1. Dials v. BlairWest Virginia Supreme Court · 1959
  2. Milner v. ShueyNevada Supreme Court · 1936
  3. Clear Fork Coal Co. v. Anchor Coal Co.West Virginia Supreme Court · 1928
  4. Johnson v. Banner CorporationLouisiana Court of Appeal · 1975
  5. Eldorado-Rand Mining Co. v. ThompsonNevada Supreme Court · 1937

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