KIRBY v. UNION CARBIDE CORPORATION

No. 10584.

373 F.2d 590 (1967)

George KIRBY, Jr., Administrator of the Estate of George W. Kirby, deceased, Appellant, v. UNION CARBIDE CORPORATION, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 13, 1967.


Attorney(s) appearing for the Case

Kenneth L. Coghill, Charleston, W. Va., for appellant.

John H. McCutcheon, Charleston, W. Va. (Palmer & McCutcheon, Charleston, W.Va., on brief), for appellee.

Before SOBELOFF, BOREMAN and J. SPENCER BELL, Circuit Judges.


BOREMAN, Circuit Judge:

The administrator of the estate of George W. Kirby, deceased, brought this action against Union Carbide Corporation (hereinafter Carbide) for the wrongful death of the decedent allegedly resulting from the negligent operation of Carbide's oxygen-supply plant at Belle, West Virginia. The court below granted summary judgment for Carbide, holding that as a matter of law decedent was Carbide's employee and that under West Virginia law Workmen's...

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