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NORRIS v. ACF INDUSTRIES, INC.

Civ. A. No. 83-3142.

609 F.Supp. 549 (1985)

Fred O. NORRIS, Plaintiff, v. ACF INDUSTRIES, INCORPORATED, a corporation, Defendant.

United States District Court, S.D. West Virginia, at Huntington.

On Motion to Reconsider April 23, 1985.

Attorney(s) appearing for the Case

Charles M. Kincaid, Huntington, W. Va., George Howell, Ashland, Ky., for plaintiff.

John S. Haight, Charleston, W. Va., for defendant.

MEMORANDUM OPINION AND ORDER

STAKER, District Judge.

This action has been brought by the plaintiff to recover for injuries allegedly caused by the defendant's wilful, wanton, reckless, and malicious intent. Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246 S.E.2d 907 (1978). Plaintiff has moved to strike the defenses of contributory negligence, assumption of the risk, and injury by fellow servant asserted...

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