MATTER OF BOLDEN

No. 8026SC146.

267 S.E.2d 397 (1980)

In the Matter of Shirley W. BOLDEN, Appellee, and J. C. Penney Company, Inc., Employer, and Employment Security Commission of North Carolina, Appellant.

Court of Appeals of North Carolina.

July 1, 1980.


Attorney(s) appearing for the Case

Paul E. Hemphill, Staff Atty., Legal Services of Southern Piedmont, Inc., Charlotte, for claimant-appellee.

Gail C. Arneke, Staff Atty., Raleigh, for Employment Security Commission of North Carolina, appellant.


PARKER, Judge.

In the judgment appealed from the court expressly found that the facts found by the Commission were based upon competent evidence contained in the record. The court nevertheless reversed the Commission's decision, basing its ruling upon its finding that the Commission "did not properly apply the law to those and other facts in evidence." (Emphasis added.) In reversing the Commission on the basis of "other facts in evidence," the Court committed...

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