Opinion
No. 88-1120.
Argued January 11, 1989.
Decided March 30, 1990.
Ben B. White, III (argued), Law Offices of Ben B. White, Jr., Princeton, W. Va., for appellant.
Lane Olin Austin, Sanders, Austin, Swope Flanigan, Princeton, W. Va., Richard C. Rakes, Gentry, Locke, Rakes Moore, Roanoke, Va., on brief, for appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Elizabeth V. Hallanan, District Judge. (CA-87-67).
Before WIDENER and WILKINS, Circuit Judges, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.
The defendant appealed from a judgment entered for the plaintiff, and we referred this case to the Supreme Court of Appeals of West Virginia by order of certification found in 873 F.2d 75 (4th Cir. 1989).
The Supreme Court of Appeals of West Virginia responded to our order of certification by its opinion found in 387 S.E.2d 556 (W.Va. 1989), which fully answered our inquiry and which opinion we adopt as our own.
The judgment of the district court appealed from is vacated and the case is remanded for further proceedings consistent with the opinion of the Supreme Court of Appeals of West Virginia found in 387 S.E.2d 556 (W.Va. 1989).
VACATED AND REMANDED.