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EISNAUGLE v. BOOTH

No. 13599.

226 S.E.2d 259 (1976)

William James EISNAUGLE et al. v. Homer BOOTH.

Supreme Court of Appeals of West Virginia.

Concurring Opinion July 1, 1976.

Rehearing Denied July 23, 1976.

Attorney(s) appearing for the Case

Bogarad & Robertson, Martin S. Bogarad and William R. Kiefer, Weirton, for appellants.

Frank A. Pietranton, New Cumberland, for appellee.

BERRY, Chief Justice:

In this case, the appellants, William James Eisnaugle and Gay Eisnaugle, his wife, the plaintiffs in a personal injury action, appeal the judgment of the Circuit Court of Hancock County which affirmed the judgment of the Common Pleas Court of Hancock County. The question presented here is whether the action is barred by the provisions of W.Va.Code, 23-2-6a, as amended, which grants immunity from liability to a co-employee in the instance...

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