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AUSTIN v. CONTINENTAL GENERAL TIRE

No. COA99-693.

540 S.E.2d 824 (2000)

Wayne AUSTIN, Employee, Plaintiff-Appellee, v. CONTINENTAL GENERAL TIRE, Self-Insured, Employer, Defendant-Appellant.

Court of Appeals of North Carolina.

December 29, 2000.

Attorney(s) appearing for the Case

Wallace and Graham, P.A., by Mona Lisa Wallace, Salisbury, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by J.A. Gardner, III, and Jeff Kadis, Charlotte, for defendant-appellant.

Parker, Poe, Adams & Bernstein L.L.P., by Josephine H. Hicks, Charlotte, for North Carolina Citizens for Business and Industry, amicus curiae.

Johnston, Allison & Hord, PA, by James W. Allison, Charlotte, for Carolinas AGC, Inc., amicus curiae.

Trial Lawyers for Public Justice, P.C., by Anne Bloom, Washington, DC, and The Jernigan Law Firm, by Leonard T. Jernigan, Jr., Raleigh, for Trial Lawyers for Public Justice, amicus curiae.

The Law Offices of Robin E. Hudson, by Robin E. Hudson, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

McGEE, Judge.

Pursuant to N.C. Gen.Stat. § 9-86 (1999), defendant-employer Continental General Tire (defendant) appeals an opinion and award of the North Carolina Industrial Commission (the Commission) entered 18 December 1998. For the reasons stated herein, we affirm.

Plaintiff Wayne Austin (plaintiff) was employed by defendant for over twenty years, during which time the record shows he was repeatedly exposed to asbestos dust and fibers. On 9 November...

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