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IN RE MILLER

No. 523.

91 S.E.2d 241 (1956)

243 N.C. 509

In the Matter of Imogene R. MILLER, Claimant, and Cannon Mills Company, and Employment Security Commission of North Carolina.

Supreme Court of North Carolina.

February 3, 1956.

Attorney(s) appearing for the Case

Whitlock, Dockery, Ruff & Perry, and Lyn Bond, Jr., Charlotte, for claimant-appellant.

William H. Beckerdite, Kannapolis, for Cannon Mills Co., appellee.

W. D. Holoman, R. B. Billings, R. B. Overton and D. G. Ball, Raleigh, for Employment Security Commission, appellee.

R. Mayne Albright, Raleigh, Leo Pfeffer, Will Maslow and Shad Polier, New York City, for amici curiae, American Jewish Congress and North Carolina Ass'n of Rabbis.

JOHNSON, Justice.

The question for decision is whether the claimant, who is a member of the Seventh Day Adventist Church, which teaches that the true Sabbath is from sundown Friday until sundown Saturday, and who personally entertains the sincere religious belief that it is wrong to perform secular work during these hours, is, by reason of her stated purpose not to work on Friday nights, ineligible for benefits under the Employment Security Law of North Carolina,...

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