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POWELL v. CITY OF NEWTON

No. COA08-1262.

684 S.E.2d 55 (2009)

James W. POWELL, Jr., Plaintiff, v. CITY OF NEWTON, A Municipal Corporation, Defendant and Third-Party Plaintiff, v. Shaver Wood Products, Inc., a North Carolina Corporation and Dickson Engineering, Inc., a North Carolina Corporation, Third-Party Defendants.

Court of Appeals of North Carolina.

October 20, 2009.

Attorney(s) appearing for the Case

Crowe & Davis, P.A., by H. Kent Crowe, Conover, for plaintiff-appellant/cross-appellee.

Hamilton Moon Stephens Steele & Martin, PLLC, by Rebecca K. Cheney for third-party defendant-appellee/cross-appellant W.K. Dickson & Co., Inc.

Baucom Claytor Benton Morgan & Wood, PA, by M. Heath Gilbert, Jr., Charlotte, for defendant/third-party plaintiff-appellee/cross-appellant City of Newton.

Pope, McMillan, Kutteh, Privette, Edwards & Schieck, PA, by William P. Pope, Statesville, for third-party defendant-appellee/cross-appellant Shaver Wood Products, Inc.

JACKSON, Judge.

James W. Powell, Jr. ("plaintiff") appeals the 27 May 2008 order requiring him to execute a settlement agreement and quitclaim deed. Defendant City of Newton ("the city"), third-party defendant Shaver Wood Products, Inc. ("Shaver"), and third-party defendant W.K. Dickson Engineering, Inc. ("Dickson") (collectively "defendants") appeal the 19 August 2008 order denying their motion to dismiss plaintiff's appeal. For the reasons stated below, we affirm...

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