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PRICE AND PRICE MECHANICAL v. MIKEN CORP.

No. COA07-932.

661 S.E.2d 775 (2008)

PRICE AND PRICE MECHANICAL OF N.C., INC., a North Carolina Corporation, Plaintiff, v. The MIKEN CORPORATION, Defendant.

Court of Appeals of North Carolina.

June 17, 2008.

Attorney(s) appearing for the Case

Ferikes & Bleynat, PLLC, by Edward L. Bleynat, Jr. and Mary March Exum, Asheville, for plaintiff-appellant.

Roberts & Stevens, P.A., by Ann-Patton Nelson and Wyatt S. Stevens, Asheville, for defendant-appellee.

HUNTER, Judge.

This cause of action arose after Price and Price Mechanical of N.C., Inc. ("plaintiff") and The Miken Corporation ("defendant") entered into a contract for the improvement of real property in the state of North Carolina. The contract contained choice of law and forum selection clauses. Plaintiff sued defendant alleging breach of contract. Plaintiff appeals from an order dismissing its complaint for improper venue pursuant to Rule (12)(b)(3) of the North...

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