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ZICKGRAF ENTERPRISES, INC. v. YONCE

No. 8230SC845.

303 S.E.2d 852 (1983)

ZICKGRAF ENTERPRISES, INC. d/b/a Nantahala Lumber Company v. Wayne YONCE, Dennis Hurst and wife, Lillian Hurst, William O. Butler and wife, Emily J. Butler, John Edwin Henson, Trustee, Cedar High Corporation, H.S. Ward, Jr., Trustee and Clyde Savings and Loan Association.

Court of Appeals of North Carolina.

July 5, 1983.

Attorney(s) appearing for the Case

Coward, Coward & Dillard, P.A. by Orville D. Coward, Jr., Franklin, for plaintiff-appellee.

Downs & Henning, P.A. by James U. Downs, Franklin, for defendants Hurst-appellees.

Siler & Philo, P.A. by Steven E. Philo, Franklin, for defendants Butler-appellants.

EAGLES, Judge.

Defendants argue but one issue from the trial judge's denial of their motion for summary judgment. They contend that summary judgment should have been granted as a matter of law because plaintiff is a first-tier subcontractor claiming rights from the owners of property through subrogation under an unlicensed general contractor.

As a general rule, an order which denies a motion for summary judgment...

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