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MILLER BLDG. CORP. v. NBBJ NORTH CAROLINA

No. COA97-538.

497 S.E.2d 433 (1998)

MILLER BUILDING CORPORATION, Plaintiff, v. NBBJ NORTH CAROLINA, INC., and William C. Johnson, Defendants.

Court of Appeals of North Carolina.

March 17, 1998.

Attorney(s) appearing for the Case

Safran Law Offices by Perry R. Safran and Blake Eaddy, Raleigh, for plaintiff-appellant.

Everett, Gaskins, Hancock & Stevens, LLP by E.D. Gaskins, Jr., Raleigh, for defendants-appellees.

GREENE, Judge.

Miller Building Corporation (plaintiff) appeals from the trial court's order allowing judgment on the pleadings for NBBJ North Carolina, Inc. and William C. Johnson (defendants) based on "estoppel by record" and election of remedies. Defendants cross-assigned error from the failure of the trial court to enter a judgment on the pleadings based on their statute of limitations defense.

The relevant facts are as follows: On 13 December 1991, the...

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