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FAIR v. KORHUMEL STEEL AND ALUMINUM COMPANY, INC.

No. 72-1421.

473 F.2d 703 (1973)

Bernard D. FAIR, Jr., Appellant, v. KORHUMEL STEEL AND ALUMINUM COMPANY, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 1973.

Rehearing Denied March 15, 1973.

Attorney(s) appearing for the Case

Jeremy C. McCamic, Wheeling, W. Va. (McCamic & McCamic, Wheeling, W. Va., on brief), for appellant.

Thomas B. Miller, Wheeling, W. Va. (Schmidt, Laas, Schrader & Miller, Wheeling, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

This is an appeal from the dismissal of Appellant Fair's common law negligence claim for damages against his employer, Korhumel Steel & Aluminum Company, Inc. As we read the district judge's oral opinion, he reasoned that since Fair had not proved Korhumel guilty of fraud but, instead, of "sloppy" procedures in attempting to qualify under the West Virginia Workmen's Compensation law, coverage resulted that would bar the negligence action...

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