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CLARK TRUCKING OF HOPE MILLS, INC. v. LEE PAVING CO.

No. 9212SC148.

426 S.E.2d 288 (1993)

109 N.C. App. 71

CLARK TRUCKING OF HOPE MILLS, INC. v. LEE PAVING COMPANY.

Court of Appeals of North Carolina.

February 16, 1993.

Attorney(s) appearing for the Case

Safran Law Offices by Perry R. Safran, Raleigh, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert W. Kaylor, Raleigh, for defendant-appellee.

JOHNSON, Judge.

Plaintiff, Clark Trucking of Hope Mills, Inc. (Clark), instituted this action on 17 October 1990 for restitution in quasi-contract and for damages under North Carolina General Statutes § 75-1.1 (1988). Defendant, Lee Paving Company (Lee), filed for a motion of enlargement of time on 8 November 1990, and answered on 10 December 1990. On 29 August 1991, defendant filed a motion for summary judgment. On...

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