HUYCK CORP. v. C.C. MANGUM, INC.

No. 524A82.

309 S.E.2d 183 (1983)

In the Matter of HUYCK CORPORATION, Plaintiff, v. C.C. MANGUM, INC., Defendant and Third-Party Plaintiff, v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INC., the North Carolina Department of Transportation and the State of North Carolina, Third-Party Defendants.

Supreme Court of North Carolina.

December 6, 1983.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Evelyn M. Coman, Asst. Atty. Gen., Raleigh, for the North Carolina Dept. of Transp. and the State of North Carolina, third-party defendants-appellants.

Spears, Barnes, Baker & Hoof by Alexander H. Barnes, Durham, and Hatch, Little, Bunn, Jones, Few & Berry by John B. Ross, Raleigh, for third-party plaintiff-appellee.


EXUM, Justice.

This appeal involves the interpretation of N.C.Gen.Stat. § 136-29 which permits claims against the State of North Carolina for monies allegedly due pursuant to highway construction contracts. We must determine how this statute applies to third-party claims against the State in a negligence action against the third-party plaintiff, a highway construction contractor, when these third-party claims seek...

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