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WILKERSON v. NORFOLK SOUTHERN RY. CO.

No. COA04-7.

606 S.E.2d 187 (2004)

Sandra O. WILKERSON, Ancillary Administratrix of the Estate of Johnnie Alan Wilkerson and Sandra O. Wilkerson, Individually, Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant.

Court of Appeals of North Carolina.

December 21, 2004.

Attorney(s) appearing for the Case

The Law Offices of William Frank Maready, P.L.L.C., by William F. Maready and George D. Humphrey, Winston-Salem, for plaintiff-appellee, Sandra O. Wilkerson, et. al.

Millberg, Gordon & Stewart, P.L.L.C., by John Millberg, Raleigh, for defendant, Norfolk Southern Railway Co.

Cranfill, Sumner & Hartzog, L.L.P., by Edward C. LeCarpentier, III and F. Marshall Wall, Raleigh, for unnamed defendant-appellant, workers' compensation carrier Liberty Mutual Insurance Co.

ELMORE, Judge.

This appeal is by the unnamed defendant insurance carrier alleging that the Durham County Superior Court did not have jurisdiction to enter an order eliminating the carrier's workers' compensation lien; erred in determining that a settlement had been reached in the underlying case; and lacked jurisdiction to order that workers' compensation payments continue until exhausted. For the reasons stated herein...

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