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INTERNATIONAL UNION v. L.A. PIPELINE CONST.

No. 15-0898.

786 S.E.2d 620 (2016)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 132 HEALTH AND WELFARE FUND, et al., Plaintiffs Below, Petitioners, v. L.A. PIPELINE CONSTRUCTION COMPANY, INC., Defendant Below; and UNITED BANK, INC., Intervenor Below Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 18, 2016.

Attorney(s) appearing for the Case

Lawrence B. Lowry, Esq. , Barrett, Chafin, Lowry & Amos, Huntington, WV, for the Petitioners.

Patrick Morrisey, Esq. , Attorney General, Elizabeth G. Farber, Esq. , Assistant Attorney General, Charleston, WV, for Amicus Curiae West Virginia Division of Labor.

James S. Huggins, Esq. , Daniel P. Corcoran, Esq. , Theisen Brock , Marietta, OH, for the Respondent, L.A. Pipeline Construction Company.

Floyd E. Boone Jr., Esq. , Bowles Rice LLP, Charleston, WV, for Intervenor, United Bank, Inc.

Thomas A. Heywood, Esq. , Sandra M. Murphy, Esq. , Julia A. Chincheck, Esq. , Daniel J. Cohn, Esq. , Bowles Rice LLP, Charleston, WV, for Amicus Curiae West Virginia Bankers Association, Inc., and Community Bankers of West Virginia.

The United States District Court for the Southern District of West Virginia presents this Court with one certified question regarding a "Perpetual Irrevocable Letter of Credit/Wage Bond." This letter of credit/wage bond was obtained pursuant to the West Virginia Wage Payment Collection Act ("WPCA") by an out-of-state corporation...

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