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HARRIS AND HARRIS CONST. CO. v. CRAIN AND DENBO, INC.

No. 313.

123 S.E.2d 590 (1962)

256 N.C. 110

HARRIS AND HARRIS CONSTRUCTION COMPANY, Inc., Plaintiff, v. CRAIN AND DENBO, INC., and The Town of Mount Olive; and Aetna Insurance Company, Additional Defendant.

Supreme Court of North Carolina.

January 12, 1962.

Attorney(s) appearing for the Case

J. L. Zimmerman and Williams & Zimmerman, Durham, for plaintiff, appellant.

Fletcher, Lake & Boyce, Raleigh, for Aetna Ins. Co., appellant.

Brooks & Brooks, Jones & Vann, Durham, and Taylor, Allen & Warren, Goldsboro, for defendant Crain and Denbo, Inc., appellee.

MOORE, Justice.

Appeals, involving procedural questions, in cases relating to the subject matter of this action have been heard by this Court on two previous occasions. Crain and Denbo, Inc. v. Harris & Harris Construction Co., 250 N.C. 106, 108 S.E.2d 122 (1959); Crain and Denbo, Inc. v. Construction Co., 252 N.C. 836, 114 S.E.2d 809

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