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McALLISTER v. CONE MILLS CORP.

No. 8719SC556.

364 S.E.2d 186 (1988)

Laurene McALLISTER, Executrix for the Estate of the late Frank S. McAllister v. CONE MILLS CORPORATION.

Court of Appeals of North Carolina.

February 2, 1988.

Attorney(s) appearing for the Case

Gene H. Kendall, Charlotte, for plaintiff-appellant.

Smith, Helms, Mulliss and Moore by J. Donald Cowan, Jr., Greensboro, for defendant-appellee.

PARKER, Judge.

The primary issue for consideration on this appeal is whether the Superior Court or the Industrial Commission has original subject matter jurisdiction of plaintiff's claim. We hold that original jurisdiction was vested in the Industrial Commission and affirm the trial court's entry of summary judgment.

Plaintiff Laurene McAllister, executrix of the estate of decedent, Frank S. McAllister, instituted this wrongful death action on 21 March 1986...

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