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SMITH v. ACF INDUSTRIES, INC.

No. 81-2204.

687 F.2d 40 (1982)

Ellis W. SMITH, Appellee, v. ACF INDUSTRIES, INCORPORATED, a corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1982.

Attorney(s) appearing for the Case

Pamela Dawn Tarr, Charleston, W. Va. (Edward W. Rugeley, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for appellant.

Menis E. Ketchum, Huntington, Va. (Larry A. Bailey, Greene, Ketchum, Mills, Bailey & Tweel, Huntington, Va., on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

HAYNSWORTH, Senior Circuit Judge:

As most workmen's compensation acts, West Virginia's shields an employer from common law tort actions for personal injuries sustained by an employee during the course of his employment. There is an exception, however, if the injury is inflicted with deliberate intention.

In Mandolidis v. Elkins Industries, Inc., 246 S.E.2d 907 (W.Va.1978), the statutory exception was construed to...

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