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McBEE v. U.S. SILICA CO.

No. 25340.

517 S.E.2d 308 (1999)

205 W.Va. 211

Harold Frank McBEE and Paulbera McBee, Plaintiffs below, Appellants, v. U.S. SILICA COMPANY, a Delaware corporation, Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 24, 1999.

Attorney(s) appearing for the Case

James J. Matzureff, Esq., Power, Beck & Matzureff, Martinsburg, West Virginia, Attorney for the Appellants.

Gary W. Hart, Esq., Mychal S. Schulz, Esq., Jackson & Kelly, Charleston, West Virginia, Attorney for the Appellee.

PER CURIAM:

This case is before this Court upon an appeal of a final order of the Circuit Court of Morgan County entered on February 13, 1998. The appellants, Harold McBee ("McBee") and Paulbera McBee1 appeal the entry of summary judgment in favor of the appellee, U.S. Silica Company ("Silica").

This action results from a work-related injury of Harold McBee and is based on the statutory "deliberate intention" exception to the immunity...

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