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SLOOP v. WILLIAMS EXXON SERVICE

No. 7426IC842.

210 S.E.2d 111 (1974)

24 N.C. App. 129

James D. SLOOP, Jr., Son, et al., Employee, v. WILLIAMS EXXON SERVICE, Employer, and Aetna Casualty & Surety Co., Carrier.

Court of Appeals of North Carolina.

December 4, 1974.

Attorney(s) appearing for the Case

Welling & Miller by George J. Miller, Charlotte, for plaintiffs-appellees.

Joseph B. Roberts, III, and Geoffrey A. Planer, Mount Holly, for plaintiff-appellant Edna R. Sloop.

MARTIN, Judge.

Appellant Edna Sloop presents a single question for our consideration which can be stated as follows: "Did the Full Commission err in concluding as a matter of law that a husband and wife are not living separate and apart for `justifiable cause' within the meaning of G.S. § 97-2(14) if they are living separate and apart as a result of a mutual agreement evidenced by a legally executed separation agreement?"

Counsel for appellant concedes...

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