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T.W.POE & SONS, INC. v. UNIVERSITY OF NORTH CAROLINA

No. 670.

104 S.E.2d 189 (1958)

248 N.C. 617

T. W. POE & SONS, Inc. v. The UNIVERSITY OF NORTH CAROLINA.

Supreme Court of North Carolina.

June 30, 1958.

Attorney(s) appearing for the Case

C. Horton Poe, Jr., Durham, for plaintiff-appellant.

Malcolm B. Seawell, Atty. Gen., Claude L. Love, Asst. Atty. Gen., Charles D. Barham, Staff Atty., Raleigh, for defendant-appellee.

WINBORNE, Chief Justice.

While the plaintiff-appellant presents many assignments of error the determination of the appeal turns upon the answer to two questions: (1) Was the award of the arbitrator timely rendered within the meaning of Section 40 of Rule VIII of the Commercial Arbitration Rules of the American Arbitration Association under which the controversy was submitted by the plaintiff and the defendant?

(2) Is the award within the terms of the submission...

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