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STEWART ENTERPRISES v. MRM CONST. CO.

No. 9326SC1151.

449 S.E.2d 20 (1994)

116 N.C. App. 604

STEWART ENTERPRISES, a sole proprietorship, Plaintiff, v. MRM CONSTRUCTION COMPANY, INC., Charles F. LaFratta and wife, Sharron B. LaFratta, Bruce W. Weir and wife, Sandra H. Weir, The Prudential Home Mortgage Company, Inc. and Liberty Savings Bank, FSB, Defendants and Third-Party Plaintiffs, v. Michael R. MULHALL, Third-Party Defendant.

Court of Appeals of North Carolina.

October 18, 1994.

Attorney(s) appearing for the Case

R. Keith Johnson, P.A. by M. Olene Sampson, Charlotte, for plaintiff-appellant.

Boxley, Bolton & Garber by Ronald H. Garber, Raleigh, for defendants-appellees Charles F. LaFratta and Sharron B. LaFratta, Bruce W. Weir and Sandra H. Weir, The Prudential Home Mortg. Co., Inc., and Liberty Sav. Bank, FSB.

LEWIS, Judge.

On 15 December 1992 plaintiff Stewart Enterprises (hereinafter "plaintiff") filed a complaint against defendant MRM Construction Company (hereinafter "MRM") requesting money owed for labor and materials supplied pursuant to contracts between plaintiff and MRM. On 1 March 1993 plaintiff filed an amended complaint adding the following defendants (hereinafter collectively referred to as "the Claim of Lien defendants"): Charles F. and Sharron B. LaFratta...

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