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OUTER BANKS CONTRACTORS, INC. v. FORBES

No. 791DC158.

267 S.E.2d 63 (1980)

OUTER BANKS CONTRACTORS, INC. v. Sarah E. FORBES and Reggie Owens.

Court of Appeals of North Carolina.

June 17, 1980.

Attorney(s) appearing for the Case

Aldridge, Seawell & Khoury by Daniel D. Khoury, Manteo, for plaintiff-appellant.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin by Norman W. Shearin, Jr., Kitty Hawk, and Ralph T. Baker, Newport News, Va., for defendant-appellee Forbes.

WEBB, Judge.

It appears from the notice of claim of lien filed in the case sub judice that the plaintiff is attempting to enforce a lien pursuant to N.C. General Statute Chap. 44A, Art. 2, Part 2. The lien notice states that plaintiff is a first tier subcontractor and follows the form prescribed by G.S. 44A-19 for filing a lien as a subcontractor. The complaint alleges a claim for a lien as a prime contractor under G.S. 44A, Art. 2, Part 1. An order was then consented...

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