Masood v. Erwin Oil Co.

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AKHTAR MASOOD, Employee v. ERWIN OIL COMPANY, Employer, EMC INSURANCE COMPANIES, Carrier No. 94A07 FILED: 12 OCTOBER 2007 Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 181 N.C. App. 424, 639 S.E.2d 118 (2007), reversing and remanding an opinion and award filed on 23 November 2005 by the North Carolina Industrial Commission. 2007. Heard in the Supreme Court 13 September Supreme Court Patterson Harkavy LLP, by Leto Copeley, for plaintiffappellee. Patterson, Dilthey, Clay & Bryson, L.L.P., by Phillip J. Anthony and Christopher J. Derrenbacher, for defendant-appellants. Slip Opinion Hatch, Little & Bunn, LLP, by Elizabeth T. Martin and Harold W. Berry, Jr., for North Carolina Petroleum Marketers Association, Inc., amicus curiae. PER CURIAM. As to the appeal of right based on the dissenting opinion, the members of the Court are equally divided. Therefore, the Court of Appeals opinion is left undisturbed without precedential value. See, e.g., Barham v. Hawk, 360 N.C. 358, 625 S.E.2d 778 (2006). AFFIRMED. Justice HUDSON did not participate in the consideration or decision of this case.

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