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RIESBECK FOOD MARKETS v. LOCAL 23

No. 19485.

404 S.E.2d 404 (1991)

RIESBECK FOOD MARKETS, INC., and Elm Grove Properties, Plaintiffs Below, Appellees, v. UNITED FOOD AND COMMERCIAL WORKERS, LOCAL UNION 23; Carl Huber, as President of United Food and Commercial Workers, Local Union 23; James Bono, as Secretary-Treasurer of United Food and Commercial Workers, Local Union 23; John Doe and Richard Doe as Officers, Agents, and Members of United Food and Commercial Workers, Local Union 23, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided April 3, 1991.

Attorney(s) appearing for the Case

James M. Sturgeon, Jr., Pauley, Curry, Sturgeon & Vanderford, Charleston, J. Michael Kota, Bricker & Eckler, Columbus, Ohio, Don A. Zimmerman, Bricker & Eckler, Washington, D.C., for plaintiffs below, appellees.

Daniel W. Dickinson, Jr., Robinson & Dickinson, Wheeling, James R. Reehl, Pittsburgh, Pa., for defendants below, appellants.

MILLER, Chief Justice:

In this appeal from a final order of the Circuit Court of Ohio County dated December 19, 1988, we are asked to determine whether the circuit court was correct in restricting informational picketing on private property. We conclude that jurisdiction of the case was preempted by federal law, and we reverse the judgment of the circuit court.

Riesbeck Food Markets, Inc. (Riesbeck) is an Ohio corporation which operates a supermarket in the...

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