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LILLEY v. BLUE RIDGE ELEC. MEMBERSHIP

No. COA97-1219.

515 S.E.2d 483 (1999)

James David LILLEY, Plaintiff, Sheila Lilley, Intervenor Plaintiff, v. BLUE RIDGE ELECTRIC MEMBERSHIP CORPORATION, and Floyd S. Pike Electrical Contractor, Incorporated, Defendants.

Court of Appeals of North Carolina.

May 18, 1999.

Attorney(s) appearing for the Case

Blanchard, Jenkins & Miller, P.A. by Robert O. Jenkins, Raleigh, and Cunningham & Gray, P.A. by George G. Cunningham, Wilkesboro, for plaintiff-appellant.

George E. Francisco, Mount Airy, for intervenor plaintiff-appellant.

Parker, Poe, Adams & Bernstein, L.L.P. by David N. Allen, Josephine H. Hicks and John E. Grupp, Charlotte, for defendant-appellee Blue Ridge Electric Membership Corporation.

JOHN, Judge.

Plaintiff James David Lilley and his wife, intervenor plaintiff Sheila Lilley (plaintiffs), appeal the trial court's grant of summary judgment in favor of defendant Blue Ridge Electric Membership Corporation (Blue Ridge). For the reasons set forth below, we reverse the order of the trial court.

Pertinent factual and procedural information includes the following: Blue Ridge distributes electricity in Watauga County, North Carolina. In 1993, Blue...

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