Legal Opinion

In Re Collingsworth

Court of Appeals of North Carolina

Decided February 14, 1973No. 7318SC15PublishedCited by 25 opinions

1Opinion of the Court

BRITT, Judge.

By their assignments of error appellants contend the superior court erred in concluding that claimant’s discharge was not due to misconduct and reversing the decision of the Commission chairman.

The facts found by the Commission chairman are supported by competent evidence and therefore are binding upon review. In re Abernathy, 259 N.C. 190, 130 S.E. 2d 292 (1963). Pursuant to G.S. 96-15 (b) (2) (i) the superior court adopted these facts but concluded that upon the facts found claimant’s behavior did not constitute “misconduct” within the meaning of G.S. 96-14(2) which in…

2Cases cited20 opinions

  1. Boynton Cab Co. v. NeubeckWisconsin Supreme Court · 1941
  2. Carter v. Employment Security CommissionMichigan Supreme Court · 1961
  3. Barnum v. WilliamsNevada Supreme Court · 1968
  4. Abex Corporation v. ToddSuperior Court of Delaware · 1967
  5. Fitzgerald v. Globe-Union, Inc.Wisconsin Supreme Court · 1967

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3Cited by25 opinions

  1. Brady v. Thurston Motor Lines, Inc.Court of Appeals for the Fourth Circuit · 1985
  2. Intercraft Industries Corp. v. MorrisonSupreme Court of North Carolina · 1982
  3. Vester v. Board of Review of Oklahoma Employment Security CommissionSupreme Court of Oklahoma · 1985
  4. Brady v. Thurston Motor Lines, Inc.Court of Appeals for the Fourth Circuit · 1985
  5. Matter of CantrellCourt of Appeals of North Carolina · 1980

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