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MARTIN & LOFTIS CLEARING v. SAIEED CONST.

No. COA04-363.

608 S.E.2d 124 (2005)

MARTIN & LOFTIS CLEARING & GRADING, INC., Plaintiff v. SAIEED CONSTRUCTION SYSTEMS CORP. and Hartford Fire Insurance Company, Defendants.

Court of Appeals of North Carolina.

February 15, 2005.

Attorney(s) appearing for the Case

Bugg & Wolf, P.A., by Bonner E. Hudson, III, Durham, for plaintiff-appellee.

Safran Law Offices, by John M. Sperati; Taylor Penry Rash & Riemann, P.L.L.C., by J. Anthony Penry and Cynthia A. O'Neal, Raleigh, for defendant-appellants.

HUNTER, Judge.

Saieed Construction Systems Corporation ("defendant"), presents the following issues for our consideration: Whether the trial court (I) erroneously awarded plaintiff attorneys' fees as the plaintiff was not a prevailing party under N.C. Gen.Stat. § 44A-35; and (II) erroneously awarded plaintiff attorneys' fees because the finding that defendants unreasonably refused to resolve the matter was unsupported...

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