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A.H. BECK FOUNDATION v. JONES BROS.

No. COA03-1431.

603 S.E.2d 819 (2004)

A.H. BECK FOUNDATION COMPANY, INC., Plaintiff, v. JONES BROS., INC., and American Home Assurance Co., Defendants, Jones Bros., Inc., Third-Party Plaintiff, v. North Carolina Department of Transportation, Third-Party Defendant.

Court of Appeals of North Carolina.

November 2, 2004.

Attorney(s) appearing for the Case

Klutzz, Reamer, Blankenship, Hayes, & Randolph, LLP, by Roman C. Pibl, for defendant-appellee American Home Assurance Co.

Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Sean E. Andrussier, Timothy Barber, and Mark Henriques, and Lewis & McKenna, by Paul Z. Lewis, pro hac vice, for defendant/third-party plaintiff-appellee Jones Brothers, Inc.

Attorney General Roy Cooper, by Assistant Attorney General Joseph E. Herrin, for third-party defendant-appellant North Carolina Department of Transportation.

TIMMONS-GOODSON, Judge.

The North Carolina Department of Transportation ("NCDOT") appeals the trial court order denying its motion to dismiss the third-party complaint of Jones Brothers, Inc. ("Jones"). For the reasons discussed herein, we reverse.

The facts and procedural history pertinent to the instant appeal are as follows: In 1996, NCDOT began receiving bids for Highway Project No. 8.1631701 ("the project"), which involved the construction of a new bridge...

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