HARDY v. BRANTLEY CONSTRUCTION CO

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Docket Number

No. 650A87

Attorney(S)

Connor, Bunn, Rogerson Woodard, P.A., by James F. Rogerson, and Allen G. Thomas and Charles P. Farris, Jr., P.A., by Allen G. Thomas, for plaintiffs. LeBoeuf, Lamb, Leiby MacRae, by Jane Flowers Finch and Albert D. Barnes, for defendants. Taft, Taft Haigler by Thomas F. Taft, Kenneth E. Haigler and James M. Stanley, Jr., for North Carolina Academy of Trial Lawyers, amicus curiae.

Judges

PER CURIAM.

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JOHN H. HARDY, PLAINTIFF v. BRANTLEY CONSTRUCTION COMPANY, EMPLOYER, NATIONWIDE MUTUAL INSURANCE COMPANY, CARRIER DEFENDANT; JOHN ROGER McKINNEY, THIRD PARTY TORT-FEASOR (8710IC26) ALBERT R. WELLS, EMPLOYEE, PLAINTIFF

PER CURIAM.

The portion of the Court of Appeals opinion which vacates in part the opinion and award of the Industrial Commission is before us by virtue of the dissenting opinion of Phillips, J. For the reasons stated in the dissenting opinion, that portion of the Court of Appeals opinion is reversed.

We conclude that defendants' petition for discretionary review was improvidently allowed. The result is that the opinion and award of the Industrial Commission remains in full force and effect.

In plaintiffs' appeal, reversed.

In defendants' appeal, discretionary review improvidently allowed.

JOHN H. HARDY, PLAINTIFF v. BRANTLEY CONSTRUCTION COMPANY, EMPLOYER, NATIONWIDE MUTUAL INSURANCE COMPANY, CARRIER DEFENDANT; JOHN ROGER McKINNEY, THIRD PARTY TORT-FEASOR (8710IC26) ALBERT R. WELLS, EMPLOYEE, PLAINTIFF

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