The decision of the Court of Appeals is
Affirmed.
S. F. McCotter & Sons, Inc. v. American Guaranty Insurance, 330 N.C. 115 (1991)
Oct. 3, 1991
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Supreme Court of North Carolina
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No. 30A91
330 N.C. 115
S. F. McCOTTER & SONS, INC., a Corporation v. AMERICAN GUARANTY INSURANCE COMPANY, a Corporation
No. 30A91
(Filed 3 October 1991)
APPEAL of right by the defendant pursuant to N.C.G.S. § 7A-30(2) and on discretionary review of additional issues from the decision of a divided panel of the Court of Appeals, 101 N.C. App. 243, 399 S.E.2d 421 (1990), ordering a new trial as to damages only in regard to a judgment of Phillips, J., at the 17 July 1989 Session of Superior Court, PAMLICO County. Heard in the Supreme Court 10 September 1991.
Henderson, Baxter & Alford, P.A., by B. Hunt Baxter, Jr., for the plaintiff appellee.
Mast, Morris, Schulz & Mast, P.A., by George B. Mast and Bradley N. Schulz, for the defendant appellant.