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ANDREWS v. NU-WOODS, INC.

No. 42.

264 S.E.2d 99 (1980)

299 N.C. 723

Betty W. ANDREWS, Widow, and Guardian ad Litem of Sylvia Denise Andrews, Minor Child, Dolf Otis Andrews, Deceased, v. NU-WOODS, INC., Employer, and International Insurance Co., Carrier.

Supreme Court of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

Hatcher, Sitton, Powell & Settlemyer by Steve B. Settlemyer, Morgantown, for Betty W. Andrews and Sylvia Denise Andrews, plaintiffs-appellees.

Hedrick, Parham, Helms, Kellam, Feerick & Eatman by Hatcher B. Kincheloe, Charlotte, for Nu-Woods, Inc., and International Ins. Co., defendants-appellants.

BROCK, Justice.

The sole question presented by this appeal is the amount of compensation to which plaintiffs are entitled as a result of the death of Dolf Otis Andrews, caused by an accident arising out of and in the course of his employment with defendant Nu-Woods, Inc. Defendants argue, relying on N.C. G.S. 97-38, that plaintiffs' weekly recovery be limited to a maximum of $80.00 for the 400 week compensable period. In its pertinent part G.S. 97-38 provides as follows...

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