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DUNLEAVY v. YATES CONST. CO., INC.

No. 9018SC333.

416 S.E.2d 193 (1992)

106 N.C. App. 146

Rachel DUNLEAVY and Johnny Glenn Cobb, Administrators of the Estate of Johnny Glenn Cobb, II, Deceased, Plaintiffs, v. YATES CONSTRUCTION COMPANY, INC.; Springfield Properties, Inc.; Robert G. Yates; Douglas B. Yates; and Donald Baynes, Defendants.

Court of Appeals of North Carolina.

May 5, 1992.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James, Harkavy & Lawrence by Norman B. Smith and Bryan E. Lessley, and Smith, Follin & James by J. David James, Greensboro, for plaintiff-appellants.

Henson Henson Bayliss & Sue by Jack B. Bayliss, Jr., A. Robinson Hassell, and Daniel L. Deuterman, Greensboro, for defendant-appellees Yates Const. Co., Inc., Robert G. Yates, Douglas B. Yates and Donald Baynes.

Adams Kleemeier Hagan Hannah & Fouts by J. Alexander S. Barrett and Edward L. Bleynat, Jr., Greensboro, for defendant-appellee Springfield Properties, Inc.

GREENE, Judge.

Plaintiffs appeal from an order entered 8 November 1989 granting summary judgment for Yates Construction Company (Company), Robert Yates, Douglas Yates, and Donald Baynes (Baynes). Plaintiffs also appeal from an order entered 9 November 1989 dismissing the plaintiffs' complaint as to Springfield Properties (Springfield) for failure to state a claim upon which relief can be granted.

In October, 1985, Company, an independent contractor, contracted...

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