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GILBERT ENGINEERING CO. v. CITY OF ASHEVILLE

No. 8428SC547.

328 S.E.2d 849 (1985)

GILBERT ENGINEERING COMPANY v. CITY OF ASHEVILLE, North Carolina, a municipal corporation, and O'Brien & Gere, Inc., a corporation.

Court of Appeals of North Carolina.

May 7, 1985.

Attorney(s) appearing for the Case

Raymer, Lewis, Eisele, Patterson and Ashburn by Douglas G. Eisele, Statesville, for plaintiff-appellant.

Bennett, Kelly and Cagle by Harold K. Bennett, and William F. Slawter, City Atty., Asheville, for defendant-appellee City of Asheville.

Kennedy, Covington, Lobdell and Hickman by Wayne Huckel, Charlotte, for defendant-appellee/cross appellant, O'Brien & Gere, Inc.

MARTIN, Judge.

I. GILBERT'S APPEAL

The dispositive question presented by Gilbert's appeal is whether the trial court's findings of fact and conclusions of law are sufficient to support its judgment denying Gilbert recovery against City on its claims relating to repairs to the key wall. Because the trial court failed to address an essential issue raised by the pleadings and the evidence, we conclude that the judgment is deficient and remand the case to the...

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