United Mine Workers v. Industrial Commission

MEMORANDUM

MERHIGE, District Judge.

Plaintiffs seek relief in the form of a declaration that Section 65.1-53 of the Virginia Workmen’s Compensation Act is, on its face and as applied, in violation of the Fourteenth Amendment to the Constitution of the United States. Jurisdiction is attained pursuant to 42 U.S.C. §§ 1981, 1983 and 28 U.S.C. §§ 1331 and 1343(3). The amount in controversy exceeds $10,000 exclusive of interest and costs.

The case is presently before the Court on defendants’ motions to dismiss for failure to state a claim upon which relief can be granted, to dismiss the action as to…