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CLAYTON MUT. BUR. ASS'N v. OVERBY MUT. FUNERAL ASS'N

No. 7111SC244.

182 S.E.2d 275 (1971)

11 N.C. App. 723

CLAYTON MUTUAL BURIAL ASSOCIATION, Inc. v. OVERBY MUTUAL FUNERAL ASSOCIATION, Inc.

Court of Appeals of North Carolina.

July 14, 1971.

Attorney(s) appearing for the Case

Spence & Mast by Robert A. Spence, Smithfield, for plaintiff appellee.

Britt & Ashley by W. R. Britt, and L. Austin Stevens, Smithfield, for defendant appellant.

CAMPBELL, Judge.

The regulation of the North Carolina State Burial Commission under which plaintiff attempts to assert its right to one-half of the benefits in money under the policies of the two deceaseds is as follows:

"If a member dies, the official funeral director will pay fifty per cent of the benefits to any other official funeral director of a Burial Association, provided that the funeral was not solicited by the servicing funeral director or any...

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