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DELP v. ITMANN COAL CO.

No. 16541.

342 S.E.2d 219 (1986)

James A. DELP v. ITMANN COAL COMPANY.

Supreme Court of Appeals of West Virginia.

April 2, 1986.

Attorney(s) appearing for the Case

Burton & Goad, David Burton and Stephen B. Goad, Princeton, for appellant.

Jackson, Kelly, Holt & O'Farrell, W. Warren Upton and Gary W. Hart, Charleston, for appellee.

PER CURIAM:

This is an appeal from a final order of the Circuit Court of Wyoming County, entered March 26, 1984, which denied the motion of the appellant, James A. Delp, for a new trial. The cause of action arose under the deliberate intent provisions of the Workmen's Compensation Act, W.Va.Code § 23-4-2 [1969],1 which we discussed at some length in Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246...

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