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WALL BY WALL v. NORTH HILLS PROPERTIES, INC.

No. COA96-397.

481 S.E.2d 303 (1997)

George S. WALL, by Virginia WALL, Surviving Spouse, Plaintiff/Claimant, v. NORTH HILLS PROPERTIES, INC., Defendant/Employer, and Aetna Life & Casualty Company, Defendant/Carrier, and/or Theodore Bunn, Uninsured, Defendant/Employer.

Court of Appeals of North Carolina.

February 18, 1997.

Attorney(s) appearing for the Case

Leon A. Lucas, P.A. by Leon A. Lucas, Kenly, for plaintiff appellee.

Yates, McLamb & Weyher, L.L.P. by Bruce W. Berger, Raleigh, for defendant appellants North Hills Properties, Inc., and Aetna Life & Casualty Company.

No brief filed by Theodore Bunn, Kenly, pro se, defendant employer.

SMITH, Judge.

For approximately nine years, North Hills Properties, Inc., subcontracted with Theodore Bunn, a self-employed individual, to clear land. In September and October of 1993 Mr. Bunn was clearing land for North Hills. Mr. Bunn used a bulldozer to push down and pile up trees and debris which were then burned or transported off the tracts of land. Mr. Bunn's brother-in-law, George Wall, occasionally assisted with both the transporting and burning of wood....

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