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HOGAN v. CONE MILLS CORP.

No. 480PA83.

337 S.E.2d 477 (1985)

315 N.C. 127

James C. HOGAN, Employee, Plaintiff, v. CONE MILLS CORPORATION, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Supreme Court of North Carolina.

December 10, 1985.

Attorney(s) appearing for the Case

Boone, Higgins, Chastain & Cone by Peter Chastain, Greensboro, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by J. Donald Cowan, Jr., and Caroline Hudson, Greensboro, for defendants-appellees.

EXUM, Justice.

This is a worker's compensation claim filed in 1980 by plaintiff appellant James C. Hogan for total disability caused by long exposure to cotton dust in the employ of defendant Cone Mills. The Industrial Commission found claimant to be totally disabled due to byssinosis and awarded him compensation. The Court of Appeals reversed on three grounds: (1) This action, initiated in 1980, was filed more than two years after claimant became disabled in 1976...

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