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HARTSELL v. PICKETT COTTON MILLS, INC.

No. 6918IC57.

165 S.E.2d 792 (1969)

4 N.C. App. 67

Charlie HARTSELL, Jr., Employee, Plaintiff, v. PICKETT COTTON MILLS, INC., Employer, and American Mutual Liability Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

February 26, 1969.

Attorney(s) appearing for the Case

Stephen E. Lawing, High Point, for plaintiff appellant.

Smith, Moore, Smith, Schell & Hunter, by Richmond G. Bernhardt, Jr., Greensboro, for defendants appellees.

CAMPBELL, Judge.

The plaintiff presents two questions for review, both of which stem from the contention that the Commission committed error in failing to set aside and vacate the opinion and award of the Deputy Commissioner on the basis of surprise and excusable neglect. The plaintiff asserts that G.S. § 1-220 is applicable and that if it had been applied, the Commission should have set aside the findings of fact and award and proceeded to take additional evidence...

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