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POPE v. MANVILLE

No. COA09-281-2.

700 S.E.2d 22 (2010)

Horace K. POPE, Jr., Employee, Plaintiff, Appellee, v. Johns MANVILLE, Employer, St. Paul Travelers Indemnity Company, Carrier-Defendant, Defendants-Appellants.

Court of Appeals of North Carolina.

September 21, 2010.

Attorney(s) appearing for the Case

Wallace and Graham, P.A., by Michael B. Pross , Salisbury, and R. James Lore , Cary, for Plaintiff-Appellee.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Deepa P. Tungare , and Jeffrey A. Kadis , Charlotte, for Defendant-Appellant.

Smith Moore Leatherwood LLP, by Jeri L. Whitfield , Greensboro, and Elizabeth Brooks Scherer , Raleigh, for North Carolina Association of Defense Attorneys, Amicus Curiae.

ERVIN, Judge.

Defendants Johns Manville and Travelers Indemnity Company appeal from an Opinion and Award entered by the North Carolina Industrial Commission on 7 November 2008, in which the Commission concluded that Plaintiff Horace Pope had been exposed to asbestos during his employment with Defendant Johns Manville; that Plaintiff had contracted asbestosis; that Plaintiff was disabled; and that Plaintiff should be awarded $399.06 per week in disability benefits...

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