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SERVOMATION CORP. v. HICKORY CONST. CO.

No. 8325SC1012.

318 S.E.2d 904 (1984)

SERVOMATION CORPORATION, Plaintiff, v. HICKORY CONSTRUCTION COMPANY, Defendant and Third Party Plaintiff, v. MILLER-BROOKS ROOFING COMPANY, Third Party Defendant.

Court of Appeals of North Carolina.

September 4, 1984.

Attorney(s) appearing for the Case

Rudisill & Brackett by Keith T. Bridges, Hickory, for plaintiff appellee.

Patrick, Harper & Dixon by Stephen M. Thomas, Hickory, for defendant appellant Hickory Const. Co.

PHILLIPS, Judge.

The central issue presented by this appeal is whether the trial court erred in refusing to direct plaintiff to seek arbitration and to stay the lawsuit pending the conclusion thereof. We preliminarily note that an order denying arbitration, though interlocutory, is appealable immediately because it involves a substantial right that might be lost if appeal is delayed until the lawsuit is concluded. Sims v. Ritter Construction, Inc., 62 N.C....

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