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BATTLE v. BRYANT ELECTRIC COMPANY

No. 7215IC280.

189 S.E.2d 788 (1972)

Mrs. Carrie Bell BATTLE, Mother and Guardian Ad Litem of David Battle and Charles Andrew Battle, Sons, David Daniels, Deceased Employee, v. BRYANT ELECTRIC COMPANY, Inc., Employer, and American Automobile Insurance Company, Carrier.

Court of Appeals of North Carolina.

Certiorari Denied August 31, 1972.

Attorney(s) appearing for the Case

Beech & Pollock, by H. E. Beech, Kinston, for plaintiff appellees.

Smith, Moore, Smith, Schell & Hunter, by Stephen P. Millikin, Greensboro, for defendant appellants.

Certiorari Denied by Supreme Court August 31, 1972.

MALLARD, Chief Judge.

The only question brought forward and presented on this appeal is whether the Industrial Commission committed error in finding and concluding that the injury to and death of David Daniels arose out of and in the course of his employment with the defendant employer.

"The phrases `arising out of' and `in the course of' the employment are not synonymous, but involve two distinct...

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