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NEWBERN v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 3531.

68 F.2d 523 (1934)

NEWBERN v. GREAT ATLANTIC & PACIFIC TEA CO.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1934.

Attorney(s) appearing for the Case

B. H. Thomas and T. T. Thorne, both of Rocky Mount, N. C. (Alexander & Gold and T. A. Burgess, all of Rocky Mount, N. C., and Willis Briggs, of Raleigh, N. C., on the brief), for appellant.

Kemp D. Battle, of Rocky Mount, N. C. (Battle & Winslow, of Rocky Mount, N. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a judgment sustaining a demurrer to the complaint in a personal injury action grounded on negligence. The complaint alleges that the plaintiff was an employee of defendant in one of its stores at Rocky Mount, N. C.; that defendant had rejected the provisions of the State Workmen's Compensation Law (Laws 1929, c. 120), and was therefore liable in damages for any negligence resulting in injury to plaintiff, without the benefit...

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