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A.H. BECK FOUNDATION CO. INC. v. JONES BROS., INC.

No. 614P04.

609 S.E.2d 227 (2005)

359 N.C. 280

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.

Supreme Court of North Carolina.

February 3, 2005.

Attorney(s) appearing for the Case

Charles C. Meeker, John J. Butler, Raleigh, Paul Z. Lewis, Saddle River, NJ, for Jones Bros., Inc.

Joseph E. Herrin, for NC Dept. of Transportation.

Richard R. Reamer, Salisbury, for American Home Assurance Co.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant and Third Party Plaintiff (Jones Brothers, Inc.) on the 7th day of December 2004 in this matter pursuant to G.S. 7A-30 (constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order...

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