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IN RE ABERNATHY

No. 233.

130 S.E.2d 292 (1963)

259 N.C. 190

In the Matter of J. K. ABERNATHY, SS No. 244-42-7854, Employee, et al., Eastern Air Lines, Inc., Employer, and Employment Security Commission of North Carolina, Raleigh, North Carolina.

Supreme Court of North Carolina.

April 10, 1963.

Attorney(s) appearing for the Case

W. D. Holoman, R. B. Billings, D. G. Ball, Raleigh, for Employment Security Commission of North Carolina, appellant.

Gambrell, Harlan, Russell, Moye & Richardson, by E. Smythe Gambrell, William G. Bell, Jr., Harold N. Hill, Jr., Sidney F. Wheeler, Atlanta, for Eastern Air Lines, Inc., appellee.

Blakeney, Alexander & Machen, by Bailey Patrick, Jr., for North Carolina Employees of Eastern Air Lines, Inc., except the 123 Captains and Air Line Pilots based in North Carolina, appellees.

Warren C. Stack, by James L. Cole, Charlotte, for Charlotte Council, Air Line Pilots Association, Eastern Air Lines, Inc., appellees.

Joyner & Howison, by William T. Joyner, Raleigh, for Harriet Cotton Mills and Henderson Cotton Mills, amicus curia.

HIGGINS, Justice.

Here for review is the Superior Court judgment that the Employment Security Commission committed error (1) "In finding and concluding that claimants are disqualified from receiving Employment Security benefits by reason of the provisions of G.S. 96-14(4) upon the facts and circumstances revealed by the evidence in the record, * * *" and (2) If the 1961 amendment should be construed as a disqualification, then it constitutes an unlawful discrimination...

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