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WILLIAMS v. INS. REPAIR SPECIALISTS OF N. C.

No. 7620IC493.

232 S.E.2d 5 (1977)

Linda Butler WILLIAMS (Jenks), Widow, et al., Employee-Plaintiff, v. INSURANCE REPAIR SPECIALISTS OF NORTH CAROLINA, INC., Employer-Defendant, Reliance Insurance Company, Carrier-Defendant, Estes Express Company, Third-Party Tort-Feasor, Liberty Mutual Insurance Company, Third-Party Carrier.

Court of Appeals of North Carolina.

February 2, 1977.

Attorney(s) appearing for the Case

H. Patrick Taylor, Jr., Wadesboro, for Linda Butler Williams (Jenks).

McLean, Stacy, Henry & McLean by James Dickson McLean, Jr., Lumberton, for Southern Nat. Bank, Guardian for Terra Faye Williams.

Leath, Bynum, Kitchin & Neal by Fred W. Bynum, Jr., Rockingham, for Ins. Repair Specialists (employer) and Reliance Ins. Co. (compensation carrier).

Hedrick, Parham, Helms, Kellam & Feerick by Edward L. Eatman, Jr., Charlotte, for Estes Express Co. (third-party tort-feasor) and Liberty Mut. Ins. Co. (third-party liability carrier).

BROCK, Chief Judge.

The following comment appended to the order of the Industrial Commission pretty well sums up the jurisdiction of the Commission to act in this case:

"COMMENT "The Full Commission notes at the outset that this is not a case where the third party tort feasor was not aware of the subrogation claim of the compensation carrier. It is clear from the evidence that Estes Express Company, through its liability carrier, Liberty Mutual...

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