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BOOKER v. DUKE MEDICAL CENTER

No. 7614IC461.

231 S.E.2d 187 (1977)

32 N.C. App. 185

Esther B. BOOKER, widow and guardian ad litem for Elizabeth A. Booker, et al., Employee, v. DUKE MEDICAL CENTER, Employer, and Glens Falls Insurance Company, Carrier.

Court of Appeals of North Carolina.

Certiorari Allowed April 5, 1977.

Attorney(s) appearing for the Case

Dalton H. Loftin, Hillsborough, for appellees.

Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson by Josiah S. Murray, III, and Robert B. Glenn, Jr., Durham, for defendants-appellants.

Certiorari Allowed by Supreme Court April 5, 1977.

PARKER, Judge.

G.S. 97-2(6), which remains today as it was originally enacted when the North Carolina Workmen's Compensation Law was first adopted in 1929, provides:

"Injury.—`Injury and personal injury' shall mean only injury by accident arising out of and in the course of the employment, and shall not include a disease in any form, except where...

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