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SKY CITY STORES v. UNITED OVERTON CORP.

No. 8728SC557.

367 S.E.2d 338 (1988)

SKY CITY STORES, INC. v. UNITED OVERTON CORPORATION.

Court of Appeals of North Carolina.

May 3, 1988.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes, and Davis, P.A. by Allan R. Tarleton and Michelle Rippon, Asheville, for plaintiff-appellant.

Roberts, Stevens, & Cogburn, P.A. by Steven D. Cogburn and Glenn S. Gentry, Asheville, for defendant-appellee.

BECTON, Judge.

This appeal arises from an action by plaintiff, Sky City Stores, Inc. (Sky City) to recover the cost of litigation for a previous action under an indemnification contract with defendant, United Overton Corporation (United Overton). The trial judge granted United Overton's motion for summary judgment on the ground that the doctrine of collateral estoppel precluded Sky City from maintaining an action based on United Overton's negligence since that issue...

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