MILLSAPS v. WILKES CONTRACTING COMPANY

No. 7230SC26.

188 S.E.2d 663 (1972)

14 N.C. App. 321

W. Arthur MILLSAPS and wife, Jean Millsaps, Plaintiff-Appellants, v. WILKES CONTRACTING COMPANY, Defendant-Appellee, v. NORTH CAROLINA STATE HIGHWAY COMMISSION and Ray Spangler, Third-Party Defendant-Appellees.

Court of Appeals of North Carolina.

Certiorari Denied July 31, 1972.


Attorney(s) appearing for the Case

Williams, Morris & Golding, by James W. Williams, Asheville, for plaintiff appellants.

William J. Cocke, Asheville, for defendant appellee Wilkes Contracting Company.

Atty. Gen. Robert Morgan, by H. A. Cole, Jr., Asst. Atty. Gen., for the State.


Certiorari Denied by Supreme Court July 31, 1972.

BRITT, Judge.

Although a brief was filed on behalf of third-party defendants State Highway Commission and Spangler, no appeal was perfected from the summary judgment in their favor. Therefore, the question for determination is: "Did the trial court err in entering summary judgment in favor of defendant Wilkes? We hold that it did not.

In Moore v. Clark, 235 N.C. 364,...

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