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ASHE v. BARNES

No. 17.

121 S.E.2d 549 (1961)

255 N.C. 310

Lemuel ASHE, Employee, v. Jack BARNES, Employer.

Supreme Court of North Carolina.

September 20, 1961.

Attorney(s) appearing for the Case

Bailey & Bailey, Plymouth, for plaintiff appellee.

W. L. Whitley, Plymouth, for defendant appellant.

DENNY, Justice.

The appellant poses these questions: (1) When the employee, Ashe, elected to accept the insurance policy provided for him by his employer, Barnes, did he not elect thereby to exempt himself from the provisions of our Workmen's Compensation Act? (2) When the employee, Ashe, accepted benefits under the Nationwide policy and which he continues to do, did he not thereby estop himself from claiming under the provisions of our Workmen's Compensation Act...

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