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STEVENSON v. CITY OF DURHAM

No. 3.

188 S.E.2d 281 (1972)

281 N.C. 300

Annie Neal STEVENSON, Sister, et al., v. CITY OF DURHAM, Employer, Self-Insurer.

Supreme Court of North Carolina.

May 10, 1972.

Attorney(s) appearing for the Case

Mason H. Anderson, Shallotte, for plaintiff appellants.

C. V. Jones, S. F. Gantt by S. F. Gantt, Durham, for defendant appellee.

BRANCH, Justice.

The question presented by this appeal is whether "brothers" and "sisters" who are eighteen years of age, or older, and married are "next of kin" as defined in G.S. § 97-40.

At the time of O'Neal Daniels' injury and death, G.S. § 97-40, in part, provided:

Subject to the provisions of G.S. 97-38, if the deceased employee leaves neither whole nor partial dependents, then the compensation which would be payable under G.S. 97...

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