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BARRINGTON v. EMPLOYMENT SEC. COM'N

No. 8110IC498.

286 S.E.2d 576 (1982)

Claudia BARRINGTON and Melvin Barrington, Parents of Donald H. Barrington, Deceased, Employee, Plaintiffs, v. EMPLOYMENT SECURITY COMMISSION and/or Economic Improvement Council, Employer, United States Fire Insurance Company and/or Sentry Insurance, A Mutual Company, Carrier, Defendants.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

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

Johnson, Patterson, Dilthey & Clay by Richard T. Boyette, Raleigh, for defendants-appellees.

VAUGHN, Judge.

Defendants contend that the Commission erred in applying equitable estoppel and in failing to find that decedent's employer was E.I.C. rather than E.S.C. For reasons discussed herein, we reverse the Commission's order and remand the present record for further findings and conclusions of law.

Defendants first argue that the Industrial Commission erred in concluding that they were estopped from denying the

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