Trumka v. Clerk of the Circuit Court of Mingo County , 175 W. Va. 371 ( 1985 )

McGRAW, Justice,

concurring:

I take issue with the Court’s decision to remand this case for further development of the record with regard to the coal companies’ privileges and immunities argument. This is a purely legal question which can be resolved without further factual development. Indeed, in footnote 7, the opinion writer implicitly recognizes the frivolity of the claim. Accordingly, I would reverse the judgment of the circuit court on this ground. However, since there are other issues raised by the parties, but not addressed by the Court, including the possible criminal record of certain guards employed by the coal companies, which cannot be resolved without a more detailed record than that presented in this appeal, I concur in the decision of the Court, as expressed in Justice Miller’s opinion, to remand the case to the Circuit Court of Mingo County.