George Kirby, Jr., Administrator of the Estate of George W. Kirby, Deceased v. Union Carbide Corporation, a Corporation

BOREMAN, Circuit Judge:

The administrator of the estate of George W. Kirby, deceased, brought this action against Union Carbide Corporation (hereinafter Carbide) for the wrongful death of the decedent allegedly resulting from the negligent operation of Carbide’s oxygen-supply plant at Belle, West Virginia. The court below granted summary judgment for Carbide, holding that as a matter of law decedent was Carbide’s employee and that under West Virginia law Workmen’s Compensation is the exclusive remedy of an employee against his employer. Plaintiff appeals, contending that the District Court…