Wilson v. Asten-Hill Manufacturing Co.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an asbestos personal injury action brought by four workers and their spouses *31against their former employer. The district court granted defendant’s motion to dismiss for failure to state a claim upon which relief could be granted, Fed.R.Civ.P. 12(b)(6), on the grounds that plaintiffs’ claims were barred by the Pennsylvania Workmen’s Compensation and Occupational Disease Acts. Plaintiffs’ appeal is grounded on the argument that their complaint stated a claim for relief under the “intentional tort” exception to the Workmen’s Compensation…