Legal Opinion

Rum Creek Coal Sales, Inc. v. Caperton

Court of Appeals for the Fourth Circuit

Decided February 25, 1991No. 90-1439PublishedCited by 167 opinions

1Opinion of the Court

MURNAGHAN, Circuit Judge:

In the late summer of 1989, Rum Creek Coal Sales (the “Company”) became involved in a coal strike. The appeal before us does not focus on the conduct of strikers or the coal company; rather, we are asked to examine the actions of the West Virginia Police (“Police”).1 As the coal strike progressed, the Company became convinced that the Police were failing to protect it because of the Police’s construction of two West Virginia statutes. The Company sought a declaratory order that the two state statutes were unconstitutional and a permanent injunction preventing the…

2Cases cited53 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Kentucky v. GrahamSupreme Court of the United States · 1985
  3. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  4. Elrod v. BurnsSupreme Court of the United States · 1976
  5. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989

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3Cited by167 opinions

  1. Direx Israel, Ltd. Direx, Incorporated v. Breakthrough Medical Corporation Zvi Porath Avner SpectorCourt of Appeals for the Fourth Circuit · 1992
  2. Real Truth About Obama, Inc. v. Federal Election CommissionCourt of Appeals for the Fourth Circuit · 2009
  3. Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd.Court of Appeals for the Second Circuit · 2010
  4. In re Microsoft Corporation Antitrust LitigationCourt of Appeals for the Fourth Circuit · 2003
  5. Rum Creek Coal Sales, Inc. v. CapertonCourt of Appeals for the Fourth Circuit · 1994

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