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MATTER OF YARBORO

No. 789SC638.

257 S.E.2d 658 (1979)

42 N.C. App. 684

In the Matter of James R. YARBORO, Claimant, and Collins and Aikman Corporation and Employment Security Commission of North Carolina.

Court of Appeals of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Gail C. Arneke, Howard G. Doyle, Garland D. Crenshaw, Thomas S. Whitaker and V. Henry Gransee, Jr. by Gail C. Arneke, Raleigh, for appellant Employment Security Commission of North Carolina.

No counsel for Collins and Aikman Corp.

No counsel for James R. Yarboro.

WEBB, Judge.

This appeal poses the question of whether the Employment Security Commission's finding that claimant was not available for work should have been reversed by the superior court. We hold that the superior court committed error in reversing the Employment Security Commission.

G.S. 96-13 provides:

(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if...

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