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MIDDLESEX CONST. v. ST. EX REL. ST. ART MUSEUM

No. 575PA82.

299 S.E.2d 640 (1983)

MIDDLESEX CONSTRUCTION CORPORATION v. The STATE of North Carolina ex rel. STATE ART MUSEUM BUILDING COMMISSION.

Supreme Court of North Carolina.

February 8, 1983.

Attorney(s) appearing for the Case

Sanford, Adams, McCullough & Beard by J. Allen Adams, E.D. Gaskins, Jr., William George Pappas, and Nancy H. Hemphill, Raleigh, for plaintiff-appellee.

Rufus L. Edmisten, Atty. Gen. by T. Buie Costen, Sp. Deputy Atty. Gen., Raleigh, for defendant-appellant.

MEYER, Justice.

At issue is whether the trial court erred in denying defendant's motions to dismiss. The resolution of this issue involves the interpretation of and the interaction between a statutory provision, G.S. § 143-135.3, and the judicial prescript enunciated in Smith v. State, 289 N.C. 303, 222 S.E.2d 412.

In Smith, this Court wrote:

We hold, therefore...

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