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SWINK v. CONE MILLS, INC.

No. 8210IC408.

300 S.E.2d 848 (1983)

Robie A. SWINK, Employee, Plaintiff, v. CONE MILLS, INC., Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Hassell, Hudson & Lore by Charles R. Hassell, Jr., Raleigh, for plaintiff-appellant.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Philip R. Hedrick, Charlotte, for defendants-appellees.

HILL, Judge.

Plaintiff argues that the Industrial Commission erred as a matter of law in denying his claim for compensation.

Commissioner Vance found, in pertinent part, the following facts:

1. Plaintiff is a male employee, 76 years of age and went to work for defendant employer in 1926.... 2. Plaintiff worked in the finishing room which was next to the Weaving Department.... .... 4. At the end of each day, he used a...

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