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JAMES RIVER v. THARPE'S EXCAVATING, INC.

No. COA 05-79.

634 S.E.2d 548 (2006)

JAMES RIVER EQUIPMENT, INC., Plaintiff, v. THARPE'S EXCAVATING, INC., Jeffrey W. Tharpe, Mecklenburg Utilities, Inc. and Orange County Board of Education, Defendants.

Court of Appeals of North Carolina.

September 5, 2006.

Attorney(s) appearing for the Case

Sands, Anderson, Marks & Miller, by Celie B. Richardson, Elaine R. Jordan and Dailey J. Derr, Durham, for plaintiff-appellant.

Safran Law Offices, by M. Anne Runheim, Raleigh, for defendant-appellee Mecklenburg Utilities, Inc.

Cheshire & Parker, by D. Michael Parker, Hillsborough, for defendant-appellee Orange County Board of Education.

HUDSON, Judge.

On 30 August 2004, the trial court dismissed plaintiff's tort, contract, and equity claims against defendants Mecklenburg Utilities, Inc., ("Mecklenburg") and the Orange County Board of Education ("the Board"), with prejudice. Plaintiff appeals. We affirm in part and reverse in part and remand.

In 2000, the Board entered a contract with Mecklenburg for grading services for construction of a new high...

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