ASHEVILLE CONTRACTING CO. v. CITY OF WILSON

No. 827SC576.

303 S.E.2d 365 (1983)

ASHEVILLE CONTRACTING COMPANY, INC., Taylor Contracting Company, Inc., v. CITY OF WILSON, A North Carolina Municipal Corporation, v. L.E. WOOTEN AND COMPANY, a North Carolina Corporation.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Lee, Reece & Oettinger Wilson, and Adams, Hendon, Carson & Crow, P.A. by George Ward Hendon, Asheville, for plaintiffs-appellants.

Rose, Jones, Rand & Orcutt, P.A. by Z. Hardy Rose and L.P. Fleming, Jr., Wilson, for defendant-appellee.


WELLS, Judge.

The question before us central to the disposition of this appeal is whether either plaintiff is entitled to go to trial on their claims in negligence against defendant Wilson. Before reaching that question we must dispose of two preliminary procedural questions.

First we must decide whether Judge Brown could properly consider defendant's motion, Judge Reid having already ruled on a prior motion by...

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