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LINSENMAYER v. OMNI HOMES, INC.

No. COA08-164.

668 S.E.2d 388 (2008)

Gary LINSENMAYER and Charlene J. Linsenmayer, Plaintiffs v. OMNI HOMES, INC., and Stephen McCarthy, Defendants.

Court of Appeals of North Carolina.

November 18, 2008.

Attorney(s) appearing for the Case

Gray, Layton, Kersh, Solomon, Furr & Smith, P.A., by Michael L. Carpenter, Gastonia, for plaintiff-appellees.

Smith, Cooksey & Vickstrom, PLLC, by Neil C. Cooksey and Steven L. Smith, Charlotte, for defendant-appellants.

HUNTER, Judge.

This case arises out of a construction contract dated 16 August 2005, which contained an arbitration clause. After a dispute over Omni Homes, Inc. and Stephen McCarthy's ("defendants") quality of workmanship and expenditures, Gary and Charlene Linsenmayer ("plaintiffs") filed a Complaint in Gaston County Superior Court on 1 September 2006. On 21 September 2006, Stephen McCarthy, acting pro se for defendants, answered the complaint and filed a...

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