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CITY OF WILSON v. CAROLINA BUILDERS

No. 887DC669.

379 S.E.2d 712 (1989)

CITY OF WILSON v. CAROLINA BUILDERS OF WILSON, INC.

Court of Appeals of North Carolina.

June 6, 1989.

Attorney(s) appearing for the Case

Rose, Jones, Rand & Orcutt, P.A. by Bobby F. Jones and James P. Cauley, III, Wilson, for plaintiff-appellant.

Connor, Bunn, Rogerson & Woodard, P.A. by James F. Rogerson, Wilson, for defendant-appellee.

Poyner & Spruill, by John R. Jolly, Jr., Nancy Bentson Essex, and Mary Beth Johnston, Raleigh, for Electricities of North Carolina, Inc., amicus curiae.

North Carolina League of Municipalities by Gen. Counsel S. Ellis Hankins, and Asst. Gen. Counsel Laura L. Kranifeld, Raleigh, amicus curiae.

SARAH ELIZABETH PARKER, Judge.

Plaintiff brings forward four assignments of error on appeal. First, plaintiff asserts the trial court erred in denying plaintiff's motion for judgment on the pleadings and granting summary judgment for defendant on its counterclaim because plaintiff was entitled to judgment as a matter of law. Second, plaintiff contends the trial court erred in granting summary judgment for defendant on its...

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