Phillip D. Seal v. Industrial Electric, Inc.

JONES, Circuit Judge.

The appellant, Phillip D. Seal, brought an action in a Mississippi state court against his employer, Industrial Electric, Inc. In his declaration he averred that he was assaulted, beaten and injured by Donald Strong, who was described as a foreman, agent and representative of the employer. In the declaration it was alleged that it was the duty of Industrial Electric to protect Seal from the assault of Strong while Seal was employed by it. Seal stated that the acts done were willfully and maliciously done and were without justification or provocation. Industrial Electric…