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C.W. MATTHEWS CONTRACTING CO., INC. v. STATE

No. 8412SC813.

330 S.E.2d 630 (1985)

C.W. MATTHEWS CONTRACTING COMPANY, INC. v. STATE of North Carolina and North Carolina Department of Transportation, Division of Highways.

Court of Appeals of North Carolina.

June 18, 1985.

Attorney(s) appearing for the Case

Anderson, Broadfoot, Anderson, Johnson & Anderson by John H. Anderson, II, Fayetteville, for plaintiff.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for defendant.

JOHNSON, Judge.

The question presented for review is whether the trial court erred in granting defendant's motion to dismiss. The resolution of this issue involves the interpretation of the procedural effect of G.S. 136-29.

G.S. 136-29 provides, inter alia,

(a) Upon the completion of any contract for the construction of any State highway awarded by the Department of Transportation to any contractor, if the contractor fails to receive such settlement...

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