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JAMES RIVER EQUIP. v. MECKLENBURG UTILITIES

No. COA05-622.

634 S.E.2d 557 (2006)

JAMES RIVER EQUIPMENT, INC., Plaintiff, v. MECKLENBURG UTILITIES, INC., Orange County Board of Education and Jeffrey W. Tharpe, as Trustee after termination of Tharpe's Excavating, Inc., Defendants.

Court of Appeals of North Carolina.

September 5, 2006.

Attorney(s) appearing for the Case

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

Safran Law Offices, by M. Anne Runheim & Carrie V. Barbee, 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 all of plaintiff's claims against defendant Orange County Board of Education ("the Board"), and all but one of plaintiff's claims against defendant Mecklenburg Utilities, Inc., ("Mecklenburg"), with prejudice. Plaintiff appeals. We affirm in part and reverse in part and remand.

In 2000, the Board entered a contract with Mecklenburg who was to perform grading...

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