Middlesex Construction Corp. v. State ex rel. State Art Museum Building Commission

Supreme Court of North Carolina January 30, 1985

Middlesex Construction Corp. v. State ex rel. State Art Museum Building Commission, 312 N.C. 793 (N.C. 1985)

325 S.E.2d 223; 1985 N.C. LEXIS 1503

Consideration, Vaughn

Opinion of the Court

PER CURIAM.

This action was properly before the trial court pursuant to N.C.G.S. § 143-135.3 and this Court’s previous opinion in Middlesex Construction Corporation v. State, 307 N.C. 569, 299 S.E. 2d 640 (1983) and its Order of 10 January 1984, reported at 310 N.C. 150, 312 S.E. 2d 648 (1984). The superior court’s order dismissing the action is therefore reversed, and this cause is remanded to the Superior Court of Wake County for trial before the judge without a jury on all issues of law and fact pursuant to N.C.G.S. § 143-135.3.

Reversed and remanded.

Justice VAUGHN did not participate in the consideration or decision of this case.

Reference

Full Case Name: MIDDLESEX CONSTRUCTION CORPORATION v. THE STATE OF NORTH CAROLINA ex rel. STATE ART MUSEUM BUILDING COMMISSION
Status: Published