TOLBERT v. UNION CARBIDE CORPORATION

No. 73-1513.

495 F.2d 719 (1974)

Ethel TOLBERT, Administratrix of the Estate of Denver Tolbert, Appellant, v. UNION CARBIDE CORPORATION, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1974.


Attorney(s) appearing for the Case

Rudolph L. Di Trapano, Charleston, W. Va., on brief for appellant.

W. T. O'Farrell and Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief for appellee.

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


CRAVEN, Circuit Judge:

At age 52 and after almost 16 years' service with Union Carbide Corporation (the Company) at its Alloy, West Virginia, plant, Denver Tolbert was laid off on August 5, 1962, due solely to a reduction in force. He had been paid for the one week of his remaining vacation time and had received two weekly payments under the Company's Layoff Allowance Plan when, on August 20, he was severely injured while...

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