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WATSON ELEC. CONSTRUCTION CO. v. CITY OF WINSTON-SALEM

No. 9221SC176.

426 S.E.2d 420 (1993)

109 N.C. App. 194

WATSON ELECTRICAL CONSTRUCTION CO., Plaintiff, v. CITY OF WINSTON-SALEM, P.J. Dick Contracting, Inc., and Crutchfield Plumbing and Heating Company, Inc., Defendants. CITY OF WINSTON-SALEM, Defendant and Third-Party Plaintiff, v. CRUTCHFIELD PLUMBING AND HEATING COMPANY, INC.; Ellerbe Becket, Inc., formerly Ellerbe Associates, Inc.; Hartford Accident and Indemnity Company; American Casualty Company of Reading, Pennsylvania; and Continental Casualty Company, Third-Party Defendants. P.J. DICK CONTRACTING, INC., Defendant and Third-Party Plaintiff, and American Casualty Company of Reading, Pennsylvania, and Continental Casualty Company, Third-Party Defendants and Third-Party Plaintiffs, v. CRUTCHFIELD PLUMBING AND HEATING COMPANY, INC., and Dee Shoring Company, Inc., Third-Party Defendants. P.J. DICK CONTRACTING, INC., Defendant and Cross-Plaintiff, v. CITY OF WINSTON-SALEM, Defendant and Cross-Defendant.

Court of Appeals of North Carolina.

March 2, 1993.

Attorney(s) appearing for the Case

Patton, Boggs & Blow by C. Allen Foster, Richard D. Conner and James S. Schenck, IV, Greensboro, for plaintiff.

Adams, Kleemeier, Hagan, Hannah & Fouts by David A. Senter, Greensboro, and Smith, Currie & Hancock by Randall F. Hafer, Atlanta, GA, for defendant P.J. Dick Contracting, Inc.

City of Winston-Salem Attorney's Office by Sherry R. Dawson, and Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr. and Karen Estelle Carey, Winston-Salem, for defendant City of Winston-Salem.

WELLS, Judge.

We note initially that this appeal is interlocutory as the judgment below did not resolve all disputes between all parties. However, it is our opinion that the appellants have a substantial right to have all their viable claims for relief heard by the same judge and jury, and therefore, we exercise our discretion to hear the appeals on their merits. Hoke v. E.F. Hutton and Co., 91 N.C. App. 159, 370 S.E.2d 857

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