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TIPTON & YOUNG CONST. CO. v. BLUE RIDGE STRUC. CO.

No. 9324SC884.

446 S.E.2d 603 (1994)

TIPTON & YOUNG CONSTRUCTION CO., INC., Plaintiff, v. BLUE RIDGE STRUCTURE CO., and Balboa Insurance Company, Defendants. BALBOA INSURANCE COMPANY, Third Party Plaintiff, v. J.B. FAGAN, Third Party Defendant.

Court of Appeals of North Carolina.

August 16, 1994.

Attorney(s) appearing for the Case

Lindsay & True by Ronald C. True, Asheville, for plaintiffs-appellants.

Waggoner, Hamrick, Hasty, Monteith and Kratt by S. Dean Hamrick, Charlotte, Adams, Hendon, Carson, Crow & Saenger by George W. Saenger, Asheville, for defendant-appellee Balboa Insurance Company.

LEWIS, Judge.

On 2 February 1988 plaintiff Tipton & Young Construction Company, Incorporated (hereinafter "Tipton") agreed to work as a subcontractor for a Department of Transportation project in Madison County. Defendant Blue Ridge Structure Company (hereinafter "Blue Ridge") was the general contractor, and defendant Balboa Insurance Company (hereinafter "Balboa") was the surety on the contract. Tipton completed its...

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