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LAND v. TALL HOUSE BUILDING CO.

No. COA01-27.

563 S.E.2d 8 (2002)

Harry LAND and Kathy Land, Plaintiffs, v. TALL HOUSE BUILDING CO., Defendant, and Tall House Building Co., Third-Party Plaintiff, v. Dryvit Systems, Inc.; Colin W. McKean, Individually and d/b/a Southern Synthetic & Plaster; Pickard Roofing Company, Inc.; and Marvin Windows, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

May 7, 2002.

Attorney(s) appearing for the Case

Dean & Gibson, L.L.P., by Christopher J. Culp, Esq., Charlotte; and Brown, Todd & Heyburn, P.L.L.C., for Tall House Building Co., defendant/third-party plaintiff appellant.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Hada V. Haulsee and David J. Mazza, Winston-Salem, for Dryvit Systems, Inc., third-party defendant appellee.

McCULLOUGH, Judge.

Defendant/third-party plaintiff Tall House Building Co. appeals from an order granting summary judgment to third-party defendant Dryvit Systems, Inc., entered by Judge Orlando F. Hudson, Jr., at the 31 July 2000 Session of Durham County Civil Superior Court.

In 1993, plaintiffs in the original suit, Harry and Kathy Land, contracted with appellant Tall House to be their general contractor and oversee the construction of the Lands' house....

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