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IN RE THOMPSON-ARTHUR PAVING CO.

No. 8510BSCA1306.

344 S.E.2d 853 (1986)

In re THOMPSON-ARTHUR PAVING COMPANY, a DIVISION OF APAC-CAROLINA, INC.'s contract claim with the North Carolina Department of Transportation.

Court of Appeals of North Carolina.

July 1, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Attys. Gen. Thomas H. Davis, Jr. and Evelyn M. Coman, Dept. of Justice, Raleigh, for the Dept. of Transp.

C. Thomas Ross, Winston-Salem, for petitioner-appellee.

WELLS, Judge.

In its first argument, the DOT contends that the Board erred by failing to dismiss Thompson-Arthur's claim for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. DOT argues that Thompson-Arthur changed both the theory and the substance of the claim after the claim was denied by the Administrator and that these changes divested the Board of jurisdiction to hear...

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