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CONNOLLY v. ASHEVILLE CONTRACTING COMPANY

No. 443.

152 S.E.2d 433 (1967)

269 N.C. 423

Watt CONNOLLY and Larry G. Connolly, d/b/a Watt Connolly & Son, a Partnership v. ASHEVILLE CONTRACTING COMPANY, a Corporation.

Supreme Court of North Carolina.

February 3, 1967.

Attorney(s) appearing for the Case

Harold K. Bennett and E. Glenn Kelly, Asheville, for defendant Asheville Contracting Co., appellant.

George W. Ferguson, Jr., Carl Horn, Jr., Wm. I. Ward, Jr., Charlotte, and Sowers, Avery & Crosswhite, Statesville, for additional defendant Duke Power Co., appellee.

BOBBITT, Justice.

Plaintiffs' action is against Contracting Company for alleged breach of its contract with plaintiffs. They assert no claim against Power Company. They are not parties to and do not participate in this appeal.

Power Company, pursuant to Judge Copeland's unchallenged order, is now a party to this action. Hence, whether Power Company is a necessary or proper party is not presented; and Simon v. Raleigh City Board of Education,

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