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YOUNGBLOOD v. NORTH STATE FORD TR. SALES

No. 8610IC1243.

359 S.E.2d 256 (1987)

Charles YOUNGBLOOD v. NORTH STATE FORD TRUCK SALES and Liberty Mutual Insurance Company.

Court of Appeals of North Carolina.

September 1, 1987.

Attorney(s) appearing for the Case

Teague, Campbell, Dennis & Gorham by George W. Dennis, III, and Linda Stephens, Raleigh, for plaintiff-appellee.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert W. Sumner, Raleigh, for defendant appellants.

PHILLIPS, Judge.

The only question presented by this appeal is whether within the contemplation of our Workers' Compensation Act plaintiff was an employee of defendant North State Ford Truck Sales when the accident happened. This being a jurisdictional question, G.S. 97-2, the facts found by the Industrial Commission, though supported by competent evidence, are not binding upon us. Askew v. Leonard Tire Co., 264 N.C. 168,

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