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FEDERAL PAPER BD. CO. v. KAMYR, INC.

No. 9013SC453.

399 S.E.2d 411 (1991)

101 N.C. App. 329

FEDERAL PAPER BOARD COMPANY, INC., and Arkwright-Boston Manufacturers Mutual Insurance Company, Plaintiffs/Appellants, v. KAMYR, INC. and Kamyr Installations, Inc., Defendants/Appellees.

Court of Appeals of North Carolina.

January 15, 1991.

Attorney(s) appearing for the Case

Robins, Kaplan, Miller & Ciresi by Brent J. Kaplan and R. Dennis Withers, Atlanta, Smith & Smith by W.G. Smith, Wilmington, for plaintiffs/appellants.

Womble Carlyle Sandridge & Rice by Gene A. Dickey, J. Keith Tart and Daniel Donahue, Winston-Salem, for defendants/appellees.

HEDRICK, Chief Judge.

Plaintiffs' argument on appeal is that the trial court erred by granting summary judgment for Kamyr and Kamyr Installations because there are disputed genuine issues of material fact and therefore defendants are not entitled to judgment as a matter of law. Plaintiffs argue that the issues which must be resolved by a jury include, but are not limited to: the cause of the failure of flash tank 2, alleged breach of contract and negligence of Kamyr...

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