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INTERIOR DISTRIBUTORS, INC. v. AUTRY

No. COA99-1175.

536 S.E.2d 853 (2000)

INTERIOR DISTRIBUTORS, INC., Plaintiff, v. James J. AUTRY d/b/a Autry Construction and also d/b/a Autry Drywall & Construction; Marie Autry; Sigma Construction Company, Inc.; and The American Insurance Company, as surety, Defendants. Specialties, Inc., Plaintiff, v. James J. Autry d/b/a Autry Drywall & Construction; Sigma Construction Company, Inc.; and The American Insurance Company, as surety, Defendants. BET Plant Services Inc., d/b/a BPS Equipment Rental & Sales, Plaintiff, v. James J. Autry, d/b/a Autry Drywall & Construction and also d/b/a Autry Construction, Inc.; Sigma Construction Company, Inc.; David A. Martin, County of Cumberland, North Carolina; and The American Insurance Company, as surety, Defendants. Colonial Materials of Fayetteville, Inc., Plaintiff, v. James J. Autry d/b/a Autry Drywall & Construction, Inc.; Sigma Construction Company, Inc.; and The American Insurance Company, as surety, Defendants.

Court of Appeals of North Carolina.

November 7, 2000.

Attorney(s) appearing for the Case

Vann & Sheridan, LLP, by Paul A. Sheridan and Nan E. Hannah, Raleigh, for plaintiff-appellees.

Safran Law Offices, by Perry R. Safran, Raleigh, for defendant-appellants Sigma Construction Company, Inc., The American Insurance Company, and David A. Martin.

SMITH, Judge.

Defendant Sigma Construction Company, Inc. (Sigma) entered into a contract with the State of North Carolina through its political subdivision Cumberland County for construction of the Cumberland County Coliseum (the project). In December 1995, Sigma, as general contractor, entered into a Payment Bond Agreement with defendant The American Insurance Company (American) for $12,349,010.00. See N.C.Gen.Stat. § 44A-27 (1995). The Bond Agreement...

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