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WILLIS v. J. M. DAVIS INDUSTRIES, INC.

No. 23.

186 S.E.2d 913 (1972)

280 N.C. 709

Irvin WILLIS, Employee, Plaintiff, v. J. M. DAVIS INDUSTRIES, INC., Employer, Fidelity & Casualty Company of New York, Carrier, Defendants.

Supreme Court of North Carolina.

March 15, 1972.

Attorney(s) appearing for the Case

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

Wheatly & Mason by L. Patten Mason, Beaufort, for plaintiff appellee.

MOORE, Justice.

The undisputed facts show that plaintiff received a draft dated 23 July 1968 as final payment for compensation due him for the injury which he sustained on 27 March 1968, and that he cashed this draft on 25 or 26 July 1968. It is admitted that plaintiff's attorneys wrote the Industrial Commission on 30 July 1969 requesting that plaintiff's claim be scheduled for hearing. This letter, received by the Commission on 31 July 1969, was the first notice...

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