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C. C. WOODS CONST. CO., INC. v. BUDD-PIPER ROOFING CO.

No. 7914SC963.

265 S.E.2d 506 (1980)

C. C. WOODS CONSTRUCTION COMPANY, INC., Plaintiff, v. BUDD-PIPER ROOFING COMPANY, Defendant and Third-Party Plaintiff, v. W. Edward JENKINS, Architect, Third-Party Defendant.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Eugene C. Brooks, III, and Lipton & Mills by Stuart S. Lipton, Durham, for third-party plaintiff-appellant.

Young, Moore, Henderson & Alvis by Charles H. Young, Jr., Raleigh, for third-party defendant-appellee.

HEDRICK, Judge.

The judgment from which the third-party plaintiff appealed was entered on 23 April 1979. On 1 May 1979 the third-party plaintiff filed notice of appeal from the 23 April judgment. On 2 May the third-party plaintiff filed a "motion for new trial" or, "in the alternative, modification of judgment" pursuant to Rule 59, G.S. § 1A-1. Likewise, on 2 May, the third-party plaintiff again gave notice of appeal from the 23 April judgment, and the court...

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