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WELCH CONTRACTING v. N.C. DEPT. OF TRANSP.

No. COA05-100.

622 S.E.2d 691 (2005)

WELCH CONTRACTING, INC., Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, as an agency of the State of North Carolina, and the Eastern Band of Cherokee Indians, Defendants-Appellees.

Court of Appeals of North Carolina.

December 20, 2005.

Attorney(s) appearing for the Case

McLean Law Firm, P.A., by Russell L. McLean, III, Waynesville, for plaintiff-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Joseph E. Herrin, for defendant-appellee North Carolina Department of Transportation.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Elizabeth A. Martineau, Charlotte, and Taurus E. Becton; and David L. Nash, Cherokee, for defendant-appellee Eastern Band of Cherokee Indians.

McGEE, Judge.

The North Carolina Department of Transportation (NCDOT) and the Eastern Band of Cherokee Indians (the EBCI) (collectively, defendants) entered into a construction agreement on 11 June 1999 to make improvements to U.S. Highway 19 from Cherokee, North Carolina, to Maggie Valley, North Carolina (Highway 19 project). The Highway 19 project was designated as a "high...

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