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EMPLOYMENT SEC. COM'N v. PEACE

No. 9310SC477.

445 S.E.2d 84 (1994)

115 N.C. App. 486

EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA v. William H. PEACE, III.

Court of Appeals of North Carolina.

July 5, 1994.

Attorney(s) appearing for the Case

Staff Atty. Fred R. Gamin, Raleigh, for petitioner-appellant.

Thomas Hilliard, III, Raleigh, for respondent-appellee.

McCRODDEN, Judge.

Based upon its lone assignment of error, the Commission argues only that the trial court erred in awarding attorney's fees because N.C.Gen.Stat. § 96-17(b1) (1993) prohibits such an award.

Respondent filed his claim under Article 2 of the Employment Security Law, N.C.Gen.Stat. §§ 96-8 to -19 (1993). Section 96—17(b1) states, "[e]xcept as otherwise provided in this Chapter ... in any court proceeding under this Chapter...

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