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NEW BERN ASSOCIATES v. CELOTEX CORP.

No. 868SC1322.

359 S.E.2d 481 (1987)

NEW BERN ASSOCIATES, Plaintiff, v. The CELOTEX CORPORATION, Defendant and Third-Party Plaintiff, v. R.M. SAFFRAN, Individually and Trading as R.M. Saffran Architect and Associates; Ferdinand A. Hepperle, Individually and Trading as Ferdinand A. Hepperle Architect and Planner; and T.A. Loving Company, a Corporation, Third-Party Defendants.

Court of Appeals of North Carolina.

September 1, 1987.

Attorney(s) appearing for the Case

Stith and Stith, P.A. by F. Blackwell Stith and Susan H. McIntyre, New Bern, for defendant and third-party plaintiff, Celotex Corp.

Warren, Kerr, Walston & Hollowell by John H. Kerr, III, Goldsboro, for third-party defendant, T.A. Loving Co.

GREENE, Judge.

Plaintiff New Bern Associates ("New Bern"), filed a complaint against defendant Celotex Corporation ("Celotex"), alleging breach of warranties in regard to a building owned by New Bern and roofed with material manufactured by Celotex. New Bern alleged the roof on its building was not watertight and leaked a great deal. Celotex filed a third-party complaint against R.M. Saffran and Ferdinand A. Hepperle, the architects who designed plaintiff's building...

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