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BARBER v. WHIRLPOOL CORP.

No. 93-1716.

34 F.3d 1268 (1994)

Frankie L. BARBER, Plaintiff-Appellee, v. WHIRLPOOL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1994.

Attorney(s) appearing for the Case

ARGUED: Keith C. Hult, Wildman, Harrold, Allen & Dixon, Chicago, IL, for appellant. Grenville D. Morgan, Jr., McCutchen, Blanton, Rhodes & Johnson, Columbia, SC, for appellee. ON BRIEF: Frederick L. Schwartz, Wildman, Harrold, Allen & Dixon, Chicago, IL, for appellant. Ronald James Tryon, McCutchen, Blanton, Rhodes & Johnson, Columbia, SC, for appellee.

Before ERVIN, Chief Judge, and RUSSELL and HALL, Circuit Judges.

Affirmed in part, reversed in part, vacated in part and remanded for a new trial by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge DONALD RUSSELL and Judge K.K. HALL joined.

OPINION

ERVIN, Chief Judge:

Whirlpool Corporation accused Frankie Barber, its employee, of stealing some painting equipment from the Columbia, South Carolina plant at which he worked. On the basis of two unsigned statements of Whirlpool's undercover investigator...

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