Garber v. United Mine Workers of America

This is an appeal from an order of contempt and a bench warrant issued by the district court upon subpoenaed witnesses’ failure to appear for a hearing on a motion for temporary injunction. The appellants, Cecil Garber, Mike Legerski, Joe F. Kalasinsky, Archie Bennett, William S. Legerski and Arthur Biggs, contended the trial court lacked jurisdiction to enter the contempt order and bench warrant because a motion for change of judge had been filed prior to the hearing for the temporary injunction, and for the further reason that the matter had been removed to Federal Court.

On October 31,…