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SMITH v. ALLIED EXTERMINATORS, INC.

No. 7114IC109.

180 S.E.2d 390 (1971)

11 N.C. App. 76

Hallie SMITH, Mother, Edward Smith, Father, Jerry Smith, Deceased, Employee, Plaintiff, v. ALLIED EXTERMINATORS, INC., Employer, and Bituminous Casualty Corporation, Carrier Defendants.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Powe, Porter & Alphin by Willis P. Whichard, Durham, for plaintiff appellees.

Walter L. Horton, Jr., Raleigh, for defendant appellants.

VAUGHN, Judge.

Appellant's position on this appeal is that the mother of the deceased should have received no more than one-half the amount which she did receive. Appellant arrives at that conclusion by the following reasoning. G.S. § 97-40 provides that if the deceased leaves no whole or partial dependents, then the compensation is to be commuted to its present value and paid to the next of kin, and the order of priority among the next of kin "shall be governed...

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