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BROOKS v. McWHIRTER GRADING CO., INC.

No. 119.

281 S.E.2d 24 (1981)

John C. BROOKS, Commissioner of Labor of North Carolina v. McWHIRTER GRADING COMPANY, INC.

Supreme Court of North Carolina.

August 17, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Lennon, Raleigh, for the Commissioner of Labor.

Ervin, Kornfield & MacNeill by John C. MacNeill, Jr. and Winfred R. Ervin, Jr., Charlotte, for appellant-respondent.

CARLTON, Justice.

I.

The facts leading to this controversy are as follows: On 21 April 1977 James W. Stephens, a safety officer with the Occupational Safety and Health Division of the North Carolina Department of Labor [hereinafter "OSHANC"], made an inspection visit to respondent's work site at a shopping center on Tyvola Road in Charlotte. At the time of Mr. Stephens' visit respondent's foreman, Mr. Leatherman, and two other

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