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CITY OF ALBEMARLE v. SECURITY BANK & TR.

No. 9120SC387.

415 S.E.2d 96 (1992)

106 N.C. App. 75

CITY OF ALBEMARLE, v. SECURITY BANK AND TRUST COMPANY and Stanly County.

Court of Appeals of North Carolina.

April 7, 1992.

Attorney(s) appearing for the Case

Doby & Beaver by Henry C. Doby, Jr., Albemarle, for plaintiff appellee.

Kluttz, Hamlin, Reamer, Blankenship and Kluttz by Malcolm B. Blankenship, Jr., Salisbury, for defendant appellant.

WALKER, Judge.

Defendant first asserts the trial court erred in denying defendant's motion to dismiss for failure to join DOT as a necessary party pursuant to G.S. 136-66.3. In this case plaintiff and DOT entered into an agreement whereby this project would be undertaken through the Department's Small Urban Improvements Program to assist municipalities with traffic problems. Under this agreement the parties agreed to share...

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