TOP LINE CONST. CO. v. J.W. COOK & SONS, INC.

No. 9413SC498.

455 S.E.2d 463 (1995)

118 N.C. App. 429

TOP LINE CONSTRUCTION CO., Plaintiff, v. J.W. COOK & SONS, INC., Defendant and Third Party Plaintiff, v. JOHN WHITE CONSTRUCTION COMPANY, LTD., Third Party Defendant.

Court of Appeals of North Carolina.

April 4, 1995.


Attorney(s) appearing for the Case

Soles, Phipps, Ray and Prince by Sherry Dew Prince, Tabor City, for plaintiff-appellant.

Thomas Wayne White, Bladenboro, for third-party defendant-appellant.

Mark C. Kirby, Raleigh, for defendant-appellee.


EAGLES, Judge.

Plaintiff and third party defendant contend that the trial court erred in granting defendant's motion for summary judgment. After careful review of the record and briefs, we affirm as to plaintiff and reverse as to third party defendant.

We first address plaintiff's appeal. Summary judgment should only be granted when the pleadings, affidavits and other evidentiary materials presented to the trial court show that there is no genuine issue of...

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