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McCLUNG v. FORD MOTOR COMPANY

No. 72-1257.

472 F.2d 240 (1973)

Robert R. McCLUNG, Appellant, v. FORD MOTOR COMPANY, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1973.

Attorney(s) appearing for the Case

Donald R. Wilson, Charleston, W. Va. (Preiser & Wilson, Charleston, W. Va., on brief), for appellant.

Donald D. Hodson, Beckley, W. Va. (Bowers, File, Hodson & Payne, Beckley, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

PER CURIAM:

We affirm for the reasons stated by the District Court. 333 F.Supp. 17 (S. D.W.Va.1971).

In this diversity case, we are not free to fashion a rule for West Virginia which accords with our preferences. We must examine available materials to predict, as best we can, what the West Virginia Supreme Court would do if presented with this same question.

That court has not considered an automobile manufacturer...

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