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JONES v. SUTTON

No. 708IC181.

174 S.E.2d 128 (1970)

Hubert Earl JONES, Son, Peggy Whitaker, Daughter, Barbara Jones Turner, Daughter, Betty Maldonado, Daughter, Margaret Harrell Ritter, Daughter, Lucille Pate, Daughter, and Nancy Carol Jones, Daughter, Hubert Lee Jones, Deceased v. James D. SUTTON and Iowa Mutual Insurance Company.

Court of Appeals of North Carolina.

May 27, 1970.

Attorney(s) appearing for the Case

No counsel for plaintiff appellees.

Teague, Johnson, Patterson, Dilthey & Clay, by Grady S. Patterson, Jr., Raleigh, for defendant appellants.

BRITT, Judge.

Defendants contend that the award of the Industrial Commission is in error on the ground that Nancy Carol is entitled to compensation only as a "partial dependent" under G.S. § 97-38(2) and not as `next of kin' under G.S. § 97-38(3). G.S. § 97-38(3) provides in part:

"If there is no person wholly dependent and the person or all persons partially dependent is or are within the classes of persons defined as `next of kin' in G.S...

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