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Mercer Law Review

1995

Criminal contempt

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United Mine Workers V. Bagwell: The Civil/Criminal Indirect Contempt Fine Distinction Revisited, Franklin P. Brannen Jr. Mar 1995

United Mine Workers V. Bagwell: The Civil/Criminal Indirect Contempt Fine Distinction Revisited, Franklin P. Brannen Jr.

Mercer Law Review

United Mine Workers v. Bagwell involves the imposition of indirect contempt fines stemming from a labor dispute in Virginia. In April 1989, respondents Clinchfield Coal and Sea "B" Mining Companies filed suit to enjoin petitioner International Union, United Mine Workers of America from conducting unlawful strike activities. The trial court entered an injunction that prohibited the union and its members from undertaking illegal strike-related activities. In subsequent hearings, the court imposed over $64,000,000 in fines. The trial court required that the companies prove violations of the injunction beyond a reasonable doubt but did not afford the union the right to …