May 1, 1986
INTERCARBON COAL COMPANY, ON BEHALF OF LION MINING COMPANY,
UNITED MINE WORKERS OF AMERICA, DISTRICT 2 OF THE UNITED MINE WORKERS OF AMERICA, LOCAL NO. 1742 OF DISTRICT 2 OF THE UNITED MINE WORKERS OF AMERICA, NICK EMERICK, DON HEDGE, SR., JACK SHIELDS, FRANK STEELE, DWIGHT SARVER, GLENN DEAL, CURTIS TRESSLER, JESSE SHROYER, JOHN DOE AND RICHARD ROE, AND ALL OTHERS CONSPIRING, ACTING IN CONCERT, OR OTHERWISE PARTICIPATING WITH THEM OR ACTING IN THEIR AID OR BEHALF; APPEAL OF: UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION, DISTRICT 2 AND LOCAL 1742, CARSON BRUENING, RON BAKER, LARRY PASQUALE, ROBERT MOORE AND PETE LEPLEY
Appeal from the Order of the Court of Common Pleas of Somerset County, dated October 21, 1985, at No. 250 Civil 1985.
Before: Cirillo, P.j., Del Sole And Beck, JJ.
Order affirmed in part and vacated in part. Case remanded for a hearing on damages, consistent with this memorandum. A factfinder may infer its verdict from circumstantial evidence, in whole or in part. We find the Appellants' argument to be without merit.
The last issue raised by the Appellants is that the modification of the injunction which enjoins picketing within 200 yards of the Appellees' premises is a violation of the Appellants' first amendment rights. Given the trial court's finding of fact that much violence has occurred at the mine site we find the court's modification of its June 17 Order to be reasonable.
We therefore affirm the portions of the trial court Order which modify the injunction and which find the Appellants in civil contempt. We vacate that portion of the Order which awards compensatory damages to the Appellee. We remand for a hearing on damages, consistent with this opinion.
Order affirmed in part and vacated in part. Case remanded for a hearing on damages, consistent with this memorandum. Jurisdiction relinquished.
© 1998 VersusLaw Inc.