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VULCAN MATERIALS CO. v. FOWLER CONTRACTING CORP.

No. 929SC823.

433 S.E.2d 462 (1993)

VULCAN MATERIALS COMPANY, Outer Banks Contractors, Inc., S.T. Wooten Construction Co., Inc., and Greystone Concrete Products, Inc. v. FOWLER CONTRACTING CORPORATION, Commercial Grading, Inc. and Marketplace Associates, Limited Partnership.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Robert Tally, P.C. by Robert Tally, Winston-Salem, for plaintiff appellant Vulcan Materials Co.

Pritchett, Cooke & Burch by William W. Pritchett, Jr. and David J. Irvine, Jr., Windsor, for plaintiff appellant Outer Banks Contractors, Inc.

Perry, Kittrell, Blackburn & Blackburn by Bennett H. Perry, Jr., Henderson, for defendant appellee Marketplace Associates.

ARNOLD, Chief Judge.

Plaintiffs argue that their liens on Marketplace's real property are not limited by the amount remaining due on the contract. They contend that under Electric Supply Co. v. Swain Elec. Co., 328 N.C. 651, 403 S.E.2d 291 (1991), they are permitted to assert liens on the improved property for the full amount of their claims even though that amount greatly exceeds the amount...

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