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WITHERS v. CHARLOTTE-MECKLENBURG BD. OF EDUCATION

No. 7626IC619.

231 S.E.2d 276 (1977)

32 N.C. App. 230

Roosevelt WITHERS, Jr. v. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION.

Court of Appeals of North Carolina.

January 19, 1977.

Attorney(s) appearing for the Case

Mraz, Aycock, Casstevens & Davis by Frank B. Aycock, III and L. Hunter Meacham, Jr., Charlotte, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Sandra M. King, Associate Atty., Raleigh, for defendant-appellee.

BRITT, Judge.

Plaintiff assigns as error the commission's conclusion that it lacked jurisdiction over this action and the dismissal of his claim. The assignment is without merit.

This action is controlled by G.S. 143-300.1 which, at the time of the accident, provided in pertinent part that:

"The North Carolina Industrial Commission shall have jurisdiction to hear and determine tort claims against any county board of education or any city board of...

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