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TOWN OF PINEVILLE v. ATKINSON/DYER/WATSON

No. 9226SC1249.

442 S.E.2d 73 (1994)

114 N.C. App. 497

TOWN OF PINEVILLE, a Municipal Corporation v. ATKINSON/DYER/WATSON ARCHITECTS, P.A., and Fidelity and Deposit Company of Maryland.

Court of Appeals of North Carolina.

April 19, 1994.

Attorney(s) appearing for the Case

Horack, Talley, Pharr & Lowndes, P.A. by Neil C. Williams and David A. Lloyd, Charlotte, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Robin K. Vinson, Raleigh, for defendant-appellee.

WYNN, Judge.

On 19 August 1987 the plaintiff Town of Pineville, North Carolina, a municipal corporation, entered into a construction contract with the Fox Firm, Inc. (hereinafter "Fox") as general contractor to build the town's Belle Johnston Community Center. The contract required Fox to provide a performance bond. On 6 October 1987, defendant Fidelity and Deposit Company of Maryland (hereinafter "F & D") issued a performance...

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