State ex rel. Bruns Coal Co. v. United Mine Workers of America

110 N.E.2d 162, 63 Ohio Law. Abs. 531, 1952 Ohio Misc. LEXIS 315
CourtMuskingum County Court of Common Pleas
DecidedNovember 15, 1952
DocketNo. 38040
StatusPublished
Cited by1 cases

This text of 110 N.E.2d 162 (State ex rel. Bruns Coal Co. v. United Mine Workers of America) is published on Counsel Stack Legal Research, covering Muskingum County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Bruns Coal Co. v. United Mine Workers of America, 110 N.E.2d 162, 63 Ohio Law. Abs. 531, 1952 Ohio Misc. LEXIS 315 (Ohio Super. Ct. 1952).

Opinion

OPINION

By CROSSLAND, J.

Pursuant to the arrest on October 31, 1952, of defendant Steve George Kubic, subsequent Charge of Contempt filed against him the next day, November 1, 1952, and hearing thereon November 7, 1952, the Court finds no satisfactory or sufficient evidence relative to the time or occasion of said arrest upon which to base said Charge, the consideration and determination of which is necessarily confined to said date and occasion of October 31, 1952, and said Charge as so considered and determined is accordingly dismissed, but without prejudice to the later charge of Contempt, filed November 7, 1952, and heard along with that against other named defendants November 12th and 13th, 1952. Said defendant is therefore found Not Guilty of Contempt on and as of October 31, 1952, is discharged as to the same and bond of $500 furnished therefor to the sheriff October 31, 1952, ordered released.

Is the United Mine Workers of America, and the officers and members thereof, Washington, D. C. before the Court as a [533]*533national or international union or organization in this proceeding for Contempt of the Injunction Order of the Court of May 28, 1952?

Said organization was an original party defendant in this cause at its inception October 1, 1951; on October 2, 1951, was mailed by registered mail with signed return receipt dated October 3, 1951, for “a true and certified copy of this writ, together with a certified copy of the Journal Entry filed in this cause,” which was a restraining order dated October 1, 1951, enlarged in paragraph five thereof by Entry of October 11, 1951, pursuant to which, incidentally, at the previous instance of and with the consent of Attorney Alfred Treherne, appearances were entered on behalf of Adolph Pacifico individually and as president of District No. 6, United Mine Workers of America, Walter Kovaleski, individually and as organizer and member of the United Mine Workers of America, George Waters, individually and as organizer and member of District No. 6, United Mine Workers of America, and for all other defendants who are members of the United Mine Workers of America and who have been made parties to this action and have been served with summons, or have voluntarily entered their appearances herein. (Emphasis by the court.)

Thereafter, pursuant to the Entry of October 11, 1951, and Journal Entry of temporary injunction dated November 1, 1951, answer was filed November 2, 1951, by “one of the attorneys of record for the defendants herein,” Robert G. Tague, and sworn to before the said Alfred D. Treherne, wherein defendants, without any stated exception, filed their First and Second Defenses, thus entering the general appearances for all subsequent purposes of all defendants, including the organization and union of the United Mine Workers of America; to which answer plaintiff replied November 21, 1951.

Later, upon hearing, after assignment for trial upon the issues thus made between plaintiff and all defendants, Journal Entry Granting Permanent Injunction was filed May 28, 1952, and appeal thereof to the Court of Appeals dismissed, with the executed approval by Mr. Treherne of himself and said Tague as attorneys for defendants.

Said Journal Entry Granting Permanent Injunction approved by said Tague, recited as its first and opening paragraph:

“This cause came on this day for hearing upon the petition of the plaintiff for a permanent injunction, the answer of the defendant and the evidence, the parties being present in Court personally or by counsel.” (Emphasis by the court.)

Thus once again and finally, as a determination and final [534]*534order in this cause, it is agreed and recited by record counsel that the parties are either present personally or by counsel.

At no time and in no way was there ever even a hint or suggestion that any single named defendant was not a party and not before the Court. On the contrary, if not brought in by service all came in by answer and all, including the United Mine Workers of America, became directly charged with full knowledge and the effect of the Court’s comprehensive, detailed and explicit Order of Permanent Injunction, the second paragraph of which specifically directed to the United Mine Workers of America, District No. 6, United Mine Workers of America, and Adolph Pacifico, President of District No. 6, United Mine Workers of America, said:

“The Court finds and considers that aggressive and unlawful disturbances evidenced on the part of defendant organization and its officers actually motivated and inspired unlawful transgressions by individual defendants, which the Court further finds and considers not only an arrogant and unwarranted intrusion upon the personal liberty of plaintiff’s employees, as well as unlawfully violative of plaintiff’s business enterprise and property, but also a deliberate affront and direct challenge to the authority of popular government, which it is a fundamental concern and duty of Courts to help protect;, and that assurance of lawful and peaceful future conduct of defendants requires and justifies the granting of a permanent injunction as hereinafter provided.”

The Court considers that the United Mine Workers of America as a party defendant in and to the within action, being already in and before the Court, is fully amenable to its discipline in the event of a Contempt and subject to being chargeable therewith without the necessary process possibly otherwise attendant upon an original action in order to make it answerable; and that its actual receipt by registered mail on November 3, 1952, of a certified copy of the Summons For Contempt directed to it, together with a certified copy of the Affidavit Charging it with Contempt and Order to Appear on Wednesday, the 12th day of November, 1952, at 9:00 o’clock A. M. of October 31, 1952, under the Court’s Rule No. XXIV, providing therefor pursuant to the provisions and authority of §11297-1 GC, brings the United Mine Workers of America before the Court in this matter.

Motion to dismiss United Mine Workers of America as party defendant in and to this matter of the Charge against it of Contempt of the Court’s Order of May 28, 1952, is therefore overruled and exceptions are noted to it in that regard.

Referring again to the May 28, 1952, Journal Entry Grant[535]*535ing Permanent Injunction, immediately preceding the seven paragraphs of the Injunction Order is the third paragraph of the Entry, which reads:

“It is further ordered, adjudged and decreed that the defendants and each of them named and unnamed, and all others associated with them, be and they hereby are permanently enjoined from”: (Emphasis by the court.)

Not only are each and all of the parties defendant who were defendants in the original action and to the final order of May 28, 1952, who are defendants in this matter, before the Court, but also, likewise, are each and all of the defendants in this matter who were not originally parties defendant to the action, and they may be adjudged guilty of contempt of said injunction order if in fact so found.

“One who is not a party to the injunction suit, but who is within the class of persons whose conduct is intended to be restrained or who acts in concert with a party litigant or with a third person, is guilty of contempt.

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Cite This Page — Counsel Stack

Bluebook (online)
110 N.E.2d 162, 63 Ohio Law. Abs. 531, 1952 Ohio Misc. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bruns-coal-co-v-united-mine-workers-of-america-ohctcomplmuskin-1952.