CODY v. DEPARTMENT OF TRANSP.

No. 8224SC189.

300 S.E.2d 25 (1983)

H.C. CODY and Wife, Lena Jo Cody, Plaintiffs, v. DEPARTMENT OF TRANSPORTATION, Defendant and Third-Party Plaintiff, v. ASHEVILLE CONTRACTING COMPANY and Travelers Indemnity Company, Third-Party Defendants.

Court of Appeals of North Carolina.

February 15, 1983.


Attorney(s) appearing for the Case

Bennett, Kelly & Cagle by Harold K. Bennett, Asheville, for plaintiffs-appellees.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Guy A. Hamlin, Raleigh, for defendant and third-party plaintiff-appellee.

Adams, Hendon, Carson & Crow by George W. Saenger, Asheville, for third-party defendants-appellants Asheville Contracting Co. and Travelers Indemnity Co.


HILL, Judge.

Plaintiffs brought this action for inverse condemnation against the Department of Transportation (hereinafter referred to as DOT), alleging their store building was damaged by blasting which occurred during construction of the adjacent highway. DOT subsequently filed two pleadings: an answer and crossclaim that were served on plaintiffs; and a third-party complaint that was served on Asheville Contracting Company and Travelers Insurance Company, its surety...

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