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HENRY ANGELO & SONS v. PROPERTY DEVELOPMENT CORP.

No. 825SC475.

306 S.E.2d 162 (1983)

HENRY ANGELO & SONS, INC. v. PROPERTY DEVELOPMENT CORPORATION, Riverside Associates, a Limited Partnership, Glen F. Lambert, Stanley A. Gertzman, W.H. McMullen, Jr., and National Bonding and Accident Insurance Company. ATLANTIC GLASS COMPANY v. PROPERTY DEVELOPMENT CORPORATION, et al. (Two Cases). BAKER-MITCHELL COMPANY v. PROPERTY DEVELOPMENT CORPORATION, et al. (Two Cases). BECKER BUILDERS SUPPLY CO. v. PROPERTY DEVELOPMENT CORPORATION, et al. E.W. GODWIN'S SONS, INC. v. PROPERTY DEVELOPMENT CORPORATION, et al. (Two Cases). B.A. HOFT & ASSOCIATES, INC. v. PROPERTY DEVELOPMENT CORPORATION, et al. LEE'S PAINT & HARDWARE CO. v. PROPERTY DEVELOPMENT CORPORATION, et al. LONGLEY SUPPLY COMPANY v. PROPERTY DEVELOPMENT CORPORATION, et al. LOWE'S OF WILMINGTON, INC. v. PROPERTY DEVELOPMENT CORPORATION, et al. (Two Cases). MARSH FURNITURE COMPANY v. PROPERTY DEVELOPMENT CORPORATION, et al. (Two Cases). John H. SMITH d/b/a Smith Lawn Service v. PROPERTY DEVELOPMENT CORPORATION, et al. SOUTHEASTERN SHELTER CORPORATION v. PROPERTY DEVELOPMENT CORPORATION, et al. TILECRAFT DISTRIBUTORS, INC. v. PROPERTY DEVELOPMENT CORPORATION, et al. TRASH REMOVAL SERVICE, INC. v. PROPERTY DEVELOPMENT CORPORATION, et al. (Two Cases).

Court of Appeals of North Carolina.

September 6, 1983.

Attorney(s) appearing for the Case

Nichols, Caffrey, Hill, Evans & Murrelle by William L. Stocks, Greensboro, for defendant-appellant Nat. Bonding and Acc. Ins. Co.

Poisson, Barnhill & Britt by L.J. Poisson, Jr., Wilmington, for defendants-appellees Stanley A. Gertzman, Jeri A. Gertzman and William H. McMullen, Jr.

PHILLIPS, Judge.

G.S. 58-54.23 and the several other statutes in Article 3C of Chapter 58 that it depends upon and relates to have no application to this case and it was error to close the court to National Bonding's cross-claims against the appellee indemnitors under authority of it. Since these are confiscatory and punitive statutes in fundamental derogation of the common law—statutes which abrogate the right of those affected to sue, as basic a right as...

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