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TOTH v. SQUARE D COMPANY

22990

298 S.C. 6 (1989)

377 S.E.2d 584

Frank G. TOTH, Plaintiff v. SQUARE D COMPANY, Defendant, and 14 consolidated cases.

Supreme Court of South Carolina.

Decided March 13, 1989.

Attorney(s) appearing for the Case

Herbert W. Louthian, Jr., of Louthian & Louthian, Columbia, for plaintiff.

G. Daniel Ellzey, Jonathan P. Pearson, Mason G. Alexander, Jr., all of Ogletree, Deakins, Nash, Smoak and Stewart, Columbia, for defendant.

Knox L. Haynsworth, Jr., and James B. Spears, Jr., both of Haynsworth, Baldwin, Miles, Johnson, Greaves & Edwards, Greenville, amicus curiae, for The Employers Ass'n of South Carolina, Inc., The Greater Greenville Chamber of Commerce, The South Carolina Bankers Ass'n, The South Carolina Council of the American Soc. of Personnel Admin., The South Carolina Chamber of Commerce, The Spartanburg Area Chamber of Commerce, The Spartanburg Development Ass'n, South Carolina League of Sav. Institutions and South Carolina Textile Mfrs. Ass'n.

Heard Dec. 5, 1988.

Decided March 13, 1989.

Per Curiam:

Pursuant to Supreme Court Rule 46, we agreed to answer the following question certified by order of the Honorable Karen LeCraft Henderson, United States District Court for the District of South Carolina:

Is the holding in Small v. Springs Industries, Inc., 292 S.C. 481, 357 S.E.2d 452 (1987), to be given...

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