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CHANDLER v. NELLO L. TEER CO.

No. 8010IC1170.

281 S.E.2d 718 (1981)

Virginia L. Curtis CHANDLER, widow and Guardian ad Litem for Elizabeth Ann Curtis, Minor Daughter, and Walter Mason Curtis, IV, Minor Son, and Walter Mason Curtis, III, Deceased Employee, Plaintiffs, v. NELLO L. TEER COMPANY, Employer and United States Fidelity and Guaranty Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

September 15, 1981.

Attorney(s) appearing for the Case

Maxwell, Freeman & Beason, P. A. by James B. Maxwell and Mark R. Morano, Durham, for plaintiffs-appellants.

Walter L. Horton, Jr., Raleigh, for defendants-appellees.

BECTON, Judge.

The question raised in this appeal is whether the Commission erred in denying workers' compensation benefits to Curtis' family. Appellant specifically excepts to the Commission's finding of fact and conclusion of law that Curtis' death did not arise out of or in the course of his employment with the defendant, Teer. Based on the evidence in the record, we hold that Curtis was acting within the course and scope of his employment when he was killed within...

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