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ENERGY INVESTORS v. METRIC CONSTRUCTORS

No. 333A99.

525 S.E.2d 441 (2000)

351 N.C. 331

ENERGY INVESTORS FUND, L.P. v. METRIC CONSTRUCTORS, INC., Kvaerner ASA, Kvaerner Environmental Technologies, Inc., Metric/Kvaerner Fayetteville, J.V., J.A. Jones, Inc., and Lockwood Greene Engineers, Inc.

Supreme Court of North Carolina.

March 3, 2000.

Attorney(s) appearing for the Case

Adams Kleemeier Hagan Hannah & Fouts, by W. Winburne King, III, and R. Harper Heckman, Greensboro; and Gadsby & Hannah LLP, by Richard K. Allen and Michael B. Donahue, Boston, MA, for plaintiff-appellant.

Moore & Van Allen, PLLC, by Gregory J. Murphy and Alan W. Pope, Charlotte; and Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A., by H. Gerald Beaver, Fayetteville, for defendant-appellees Metric Constructors, Inc.; Kvaerner ASA; Kvaerner Environmental Technologies, Inc.; Metric/Kvaerner Fayetteville, J.V.; and J.A. Jones, Inc.

Murray, Craven, Inman & McCauley, L.L.P., by Richard T. Craven, Fayetteville, for defendant-appellee Lockwood Greene Engineers, Inc.

FREEMAN, Justice.

Plaintiff Energy Investors Fund, L.P. (EIF), is a limited partner in BCH Energy Limited Partnership (BCH), a limited partnership organized under the laws of the State of Delaware. BCH is the owner/developer of a waste-to-energy project in North Carolina. EIF's complaint alleges that during 1992 and 1993, BCH solicited bids from various sources to plan, construct and operate a facility (Project) in Cumberland and Bladen counties that would receive...

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