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BKRTCY. OF SPECTOR-RED BALL v. TRANSPORT INS.

No. 8210IC878.

301 S.E.2d 533 (1983)

In the Matter of The BANKRUPTCY OF SPECTOR-RED BALL, INC., v. TRANSPORT INSURANCE COMPANY, Surety.

Court of Appeals of North Carolina.

April 19, 1983.

Attorney(s) appearing for the Case

Pfefferkorn & Cooley by Robert M. Elliot, Winston-Salem, for Joseph Moore, workers' compensation claimant against Spector-Red Ball, Inc.

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen. Sandra M. King and Ralf F. Haskell, Raleigh, for amicus curiae.

Bell, Davis & Pitt by Walter W. Pitt, Jr. and Joseph T. Carruthers, Winston-Salem, for respondent-appellant Transport Ins. Co.

WEBB, Judge.

This appeal raises the question of the extent of the obligation of Transport Insurance Company as surety on the bond filed by Spector-Red Ball, Inc. with the Industrial Commission. Transport bound itself to be liable for any default of Spector-Red Ball within the penal sum, which is $100,000.00. Transport's liability is thus limited to $100,000.00. It was error for the Industrial Commission to order Transport to bring all claims to a conclusion in addition...

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