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CONTRACT STEEL SALES, INC. v. FREEDOM CONST. CO.

No. 8618SC599.

353 S.E.2d 418 (1987)

CONTRACT STEEL SALES, INC. v. FREEDOM CONSTRUCTION COMPANY and E.I. Du Pont De Nemours and Company.

Court of Appeals of North Carolina.

March 3, 1987.

Attorney(s) appearing for the Case

Foster, Conner, Robson & Gumbiner P.A. by Eric C. Rowe and Richard D. Conner, Greensboro, for plaintiff-appellant.

Smith, Helms, Mulliss & Moore by Robert A. Wicker and Catherine C. Eagles, Greensboro, for defendants-appellees.

JOHNSON, Judge.

It is not disputed that plaintiff is a first tier subcontractor within the meaning of G.S. 44A-17(2) or that Du Pont is an owner obligor as defined by G.S. 44A-17(3), by virtue of funds that were owed to Freedom, the general contractor.

The two primary questions argued on appeal are (1) whether plaintiff furnished materials at the site of improvement to Du Pont's real property as contemplated by...

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