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BRITT v. COLONY CONST. CO.

No. 7710IC155.

240 S.E.2d 479 (1978)

35 N.C. App. 23

Deborah Anne BRITT, widow, Christina Carol Britt, Child, By Her Guardian Ad Litem, Deborah Anne Britt, Harvey C. Britt, Deceased, Employee, v. COLONY CONSTRUCTION COMPANY, Employer, Standard Fire Insurance Company, Carrier, and/or Cumberland Utilities, Inc., Employer, Aetna Insurance Company, Carrier.

Court of Appeals of North Carolina.

January 17, 1978.

Attorney(s) appearing for the Case

Teague, Johnson, Patterson, Dilthey & Clay by C. Woodrow Teague and George W. Dennis, III, Raleigh, for defendants Cumberland Utilities, Inc. and Aetna Insurance Company.

Nance, Collier, Singleton, Kirkman & Herndon by James R. Nance, Jr., Fayetteville, for plaintiffs.

Anderson, Broadfoot & Anderson by Hal W. Broadfoot, attorneys for defendants Colony Construction Company and Standard Fire Insurance Company.

BRITT, Judge.

Appellants contend first that the Commission erred in determining that Britt was an employee of Utilities rather than of Colony, and in concluding that a contractor-subcontractor relationship existed between Colony and Utilities. We find no merit in these contentions.

"Upon review of an order by the Industrial Commission, this Court does not weigh the evidence, but may only determine whether there...

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