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TRAVELERS INSURANCE COMPANY v. KEITH

No. 7210DC463.

190 S.E.2d 428 (1972)

15 N.C. App. 551

TRAVELERS INSURANCE COMPANY v. Gorman Z. KEITH et al.

Court of Appeals of North Carolina.

Certiorari Allowed October 3, 1972.

Attorney(s) appearing for the Case

R. Mayne Albright, Raleigh, for defendant appellant (Gorman Z. Keith).

Young, Moore & Henderson, by Charles H. Young, J. Clark Brewer, and B. T. Henderson, II, Raleigh, for defendant appellee (Norfolk Southern Railway Company).

Certiorari Allowed by Supreme Court October 3, 1972.

HEDRICK, Judge.

Appellee's motion to dismiss the appeal for failure of appellant to comply with the Rules of Practice in this Court is denied. In order that we may review the case on its merits, we consider the appeal as a petition for writ of certiorari and allow the same.

At the trial in the District Court the crucial question was who paid or who was obligated to pay the employee's medical expenses...

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