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BINGHAM v. SMITH'S TRANSFER CORP.

No. 8110IC320.

286 S.E.2d 570 (1982)

Mable Ruth BINGHAM, Widow; Gary Howard Bingham, Executor of the Estate of Bill Howard Bingham, Deceased, Employee, Plaintiffs, v. SMITH'S TRANSFER CORPORATION, Employer; Transport Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

William Z. Wood, Jr., and Douglas R. Hux, Winston-Salem, for plaintiff-appellant.

Bell, Davis & Pitt by Walter W. Pitt, Jr., Winston-Salem, for defendants-appellees.

MORRIS, Chief Judge.

We note at the outset that plaintiffs have failed to comply with Rule 28(b)(5) of the Rules of Appellate Procedure in that references to pertinent assignments of error and exceptions are not identified by number in their brief. However, in this instance, we will suspend the requirements of Rule 28 pursuant to our residual authority expressed in Rule 2, and discuss the appeal on its merits.

Plaintiffs contend that the deputy commissioner...

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