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GATX LOGISTICS, INC. v. LOWE'S COMPANIES

No. COA00-53.

548 S.E.2d 193 (2001)

GATX LOGISTICS, INC., Plaintiff, v. LOWE'S COMPANIES, INC., Defendant.

Court of Appeals of North Carolina.

June 5, 2001.

Attorney(s) appearing for the Case

McEllwee, P.L.L.C., by Christopher D. Lane and Elizabeth K. Mahan, North Wilkesboro, for defendant-appellant.

Little & Little, by Cathryn M. Little, Raleigh, for plaintiff-appellee.

WYNN, Judge.

In this appeal, the defendant Lowe's Companies, Inc. argues that factual issues exist as to whether it notified plaintiff GATX Logistics, Inc. of its contract claim, and whether it timely brought the subject action. We agree and therefore reverse the trial court's grant of summary judgment. See Superior Foods, Inc. v. Harris-Teeter Super Markets, Inc., 288 N.C. 213,

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