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R.E.M. CONSTRUCTION, INC. v. CLEVELAND CONSTRUCTION, INC.

No. 291P22.

881 S.E.2d 318 (2022)

R.E.M. CONSTRUCTION, INC., Plaintiff v. CLEVELAND CONSTRUCTION, INC., MHG Asheville TR, LLC; Asheville Arras Residences, LLC, and Federal Insurance Company, Defendants and United States Surety Company, Intervenor.

Supreme Court of North Carolina.

December 13, 2022.

Attorney(s) appearing for the Case

Carmela E. Mastrianni , Attorney at Law, For Cleveland Construction, Inc.

Tracy Thompson James , Attorney at Law, Charlotte, For Cleveland Construction, Inc.

Fenton T. Erwin, Jr. , Attorney at Law, Charlotte, For R.E.M. Construction, Inc.

Erin C. Heugel , Attorney at Law, For R.E.M. Construction, Inc.

James M. Hash , Attorney at Law, Raleigh, For United States Surety Company.

Lex M. Erwin , Attorney at Law, Charlotte, For R.E.M. Construction, Inc.

ORDER

Upon consideration of the petition filed on the 20th of September 2022 by Defendant (Cleveland Construction, Inc.) in this matter for discretionary review of the order 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 13th of December...

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