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IN RE THOMAS

No. 116.

189 S.E.2d 245 (1972)

281 N.C. 598

In the Matter of Geneva H. THOMAS et al.

Supreme Court of North Carolina.

June 16, 1972.

Attorney(s) appearing for the Case

F. Thorns Craven, Jr., Raleigh, Legal Aid Society of Forsyth County, for claimant appellee.

D. G. Ball, Garland D. Crenshaw, Howard G. Doyle, H. D. Harrison, Jr., Raleigh, for appellant.

Moore & Van Allen by William K. Van Allen and R. Michael Childs, Charlotte, for Associated General Contractors of the Carolinas, Associated Industries, Capital Associated Industries, Central Piedmont Industries, North Carolina Textile Manufacturers Association, Piedmont Associated Industries, Western Carolina Industries, Inc., and Western Carolina Manufacturers Association, amici curiae.

HIGGINS, Justice.

Judge Hedrick's opinion, and the partial dissents by Judge Graham and by Chief Judge Mallard, are before us. Judge Graham dissented from the Hedrick opinion "which directs the Commission to enter an order awarding benefits." With respect to the claimant's rights, Judge Graham concluded: "When she quit her job to retire, claimant removed herself from the labor market. Whether she thereafter re-entered the labor market and became `available for work...

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