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PROPST CONST. v. N.C. DEPT. OF TRANSP.

No. 291PA82.

296 S.E.2d 295 (1982)

PROPST CONSTRUCTION COMPANY v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Supreme Court of North Carolina.

November 3, 1982.

Attorney(s) appearing for the Case

Kluttz, Hamlin, Reamer, Blankenship & Kluttz by W. Clarence Kluttz and Malcolm B. Blankenship, Jr., Salisbury, for plaintiff-appellee.

Rufus L. Edmisten, Atty. Gen. by Blackwell M. Brogden, Jr., Asst. Atty. Gen., Raleigh, for defendant-appellant.

PER CURIAM.

The Court of Appeals erred in remanding this case for trial by jury. Under N.C.G.S. 136-29(c), any controversy concerning a completed contract for the construction of a state highway is to be tried by a judge without a jury. Therefore, the opinion of the Court of Appeals is modified to the extent that the controversy is remanded for trial by a judge sitting as the finder of fact. Except as modified herein, the...

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