ALLAN MILES COMPANIES INC. v. N.C. DEPT. OF TRANSP.

No. 8319SC719.

314 S.E.2d 576 (1984)

ALLAN MILES COMPANIES, INC. Allan D. Miles and Wanda M. Miles, and Ben B. Propst Contractor, Inc. v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

May 1, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for North Carolina Dept. of Transp., defendant-appellee.

Tom M. Grady and William F. Rogers, Jr., Kannapolis, for Allan Miles Companies, Inc., Allan D. Miles and Wanda M. Miles, plaintiffs-appellants.

K. Michael Koontz, Concord, and William F. Rogers, Jr., Kannapolis, for Ben B. Propst Contractor, Inc., plaintiff-appellant.


HILL, Judge.

The sole question presented on appeal is whether the trial court erred in granting summary judgment for defendant. Resolution of this issue involves determination of (1) whether the parties' contractual dispute created a genuine issue of material fact, and (2) whether plaintiffs' claim was barred by statute and operation of law. Because it clearly appears G.S. 136-29 operates to bar plaintiffs' claim, we conclude defendant was entitled to summary judgment...

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