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GODLEY v. COUNTY OF PITT

No. 8110IC141.

283 S.E.2d 430 (1981)

Willie GODLEY Employee-Plaintiff, v. COUNTY OF PITT and/or Town of Winterville Employer, U. S. Fire Insurance and/or Great American Insurance Carrier Defendants.

Court of Appeals of North Carolina.

October 20, 1981.

Attorney(s) appearing for the Case

Young, Moore, Henderson & Alvis by B. T. Henderson, II, and William T. Lipscomb, Raleigh, for defendants-appellants.

Teague, Campbell, Conely & Dennis by George W. Dennis, III, and Jeffery L. Jenkins, Raleigh, for defendants-appellees.

ARNOLD, Judge.

Two assignments of error are brought forth on appeal.

I.

Defendant County first contends that the Industrial Commission erred in concluding that the County and its insurance carrier are estopped from asserting that no employment relationship existed between the plaintiff and the County. We agree. Application of the principles of equitable estoppel was improper on the facts of this case.

We recognize that it is well established...

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