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WACHOVIA BANK, NATIONAL ASSOCIATION v. CLEAN RIVER CORPORATION

No. 441P06.

643 S.E.2d 401 (2007)

WACHOVIA BANK, NATIONAL ASSOCIATION, f/k/a Wachovia Bank, N.A. and f/k/a Wachovia Mortgage Company, Governor's Landing, LLC, Charles Pasquale, and Joanne Pasquale, Plaintiffs v. CLEAN RIVER CORPORATION and Peter D. Koke, Defendants and Assurance Company of America, Zurich American Insurance Company, Maryland Casualty Company, Home Builders Insurance Company, Home Builders Insurance Services, Inc., Home Builders Insurance Service, Inc., and Zurich Insurance Services, Inc., Defendants/Third Party Plaintiff v. David Steigerwald, Bernhardt Construction Group, LLC, Lenord Wersan, John Paulson, Global Loss Services, Inc., and Arthur Waddell, Third Party-Defendants and David Steigerwald, Plaintiff v. Clean River Corporation, and Peter D. Koke, Defendants and Assurance Company of America, Zurich American Insurance Company, Maryland Casualty Company, Home Builders Insurance Company, Home Builders Insurance Services, Inc., Home Builders Insurance Service, Inc., and Zurich Insurance Services, Defendants/Third Party Plaintiffs v. Wachovia Bank, National Association, f/k/a Wachovia Bank, N.A. and f/k/a Wachovia Mortgage Company, Governor's Landing, LLC, Charles Pasquale, Joanne Pasquale, Bernhardt Construction Group, LLC, Lenord Wersan, John Paulson, Global Loss Services, Inc., and Arthur Waddell, Third-Party Defendants.

Supreme Court of North Carolina.

January 25, 2007.

Attorney(s) appearing for the Case

James W. Bryan, Gary L. Beaver, Greensboro, Kimberly Sullivan, Charlotte, for Assurance Co. of America, et al.

Daniel Lee Brawley, Wilmington, Theodore B. Smyth, Raleigh, for Wachovia Bank, et al.

ORDER

Upon consideration of the petition filed on the 22nd day of August 2006 by Defendants/Third Party Plaintiffs (Assurance Company of America, et al) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 25th day of January 2007."<...

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