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ATWATER v. RADIO STATION WJRI, INC.

No. 7525IC626.

221 S.E.2d 88 (1976)

28 N.C. App. 397

F. Kent ATWATER, Deceased, Employee et al. v. RADIO STATION WJRI, INC., Employer, and United States Fidelity & Guaranty Company.

Court of Appeals of North Carolina.

January 21, 1976.

Attorney(s) appearing for the Case

Townsend & Todd, by J. R. Todd, Jr., Lenoir, for the claimants.

Edwin G. Farthing, Hickory, for the employer and the carrier.

BROCK, Chief Judge.

We agree with claimants that the finding in Findings of Fact 3 that on the evening of 29 May 1973 "deceased employee appeared to have been drinking some form of alcoholic beverages" is not supported by evidence. We also agree that the finding in Findings of Fact 4 that on the morning of 30 May 1973 that the deceased employee's "eyes were bloodshot" is not supported by evidence. However, these findings are not crucial, and without them the same...

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