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CLARY v. A.M. SMYRE MFG. CO.

No. 8210IC355.

300 S.E.2d 704 (1983)

Landrum E. CLARY, Employee-Plaintiff, v. A.M. SMYRE MANUFACTURING COMPANY, Employer-Defendant, Lumbermens Mutual Casualty Company, Carrier-Defendant.

Court of Appeals of North Carolina.

March 15, 1983.

Attorney(s) appearing for the Case

Frederick R. Stann, Gastonia, for plaintiff-appellant.

Edward L. Eatman, Jr., Hedrick, Feerick, Ealman, Gardner & Kincheloe, Charlotte, for defendants-appellees.

WHICHARD, Judge.

I.

On 15 June 1978 plaintiff filed a workers' compensation claim for "an occupational disease caused by exposure to cotton dust." The Commission made the following pertinent "findings of fact":

13. While the plaintiff was in a Veterans Administration Hospital in 1975 a doctor or doctors in that facility advised the plaintiff that he had byssinosis. .... 29. The plaintiff was notified by competent medical authority...

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