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IN RE BEATTY

No. 104.

210 S.E.2d 193 (1974)

286 N.C. 226

In the Matter of Willie BEATTY, Jr., S. S. No. 238-48-6459 Longshoreman-claimant, et al.

Supreme Court of North Carolina.

December 11, 1974.

Attorney(s) appearing for the Case

Andrew A. Canoutas, Wilmington, and Thomas W. Gleason, Gleason & Miller, New York City, for claimants-appellants.

H. D. Harrison, Jr., Howard G. Doyle, and Garland D. Crenshaw by H. D. Harrison, Jr., Raleigh, for the Employment Security Commission.

BRANCH, Justice.

The sole question presented by this appeal is whether claimants, by adhering to the contractual obligations of the Guaranteed Annual Income agreement, met the availability requirement of G.S. § 96-13(3).

G.S. § 96-13(3), in relevant part, provides:

"An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commission finds that— (3) He is ... available for work ...

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