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METRIC CONSTRUCTORS, INC. v. HSPE

No. COA95-250.

468 S.E.2d 435 (1996)

121 N.C. App. 530

METRIC CONSTRUCTORS, INC., Plaintiff, v. HAWKER SIDDELEY POWER ENGINEERING, INC., d/b/a Hawker Siddeley Power Eng., Inc. and Panda Rosemary Corporation, Defendants.

Court of Appeals of North Carolina.

February 20, 1996.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, P.L.L.C. by Dewey W. Wells, Timothy G. Barber, and Steven D. Gardner, Charlotte, for plaintiff-appellee.

Erwin and Bernhardt, P.A. by Fenton T. Erwin, Jr., Charlotte, and J. Neal Rodgers; and Kleinberg, Kaplan, Wolff & Cohen, P.C. by Norris D. Wolff, for defendants-appellants.

WALKER, Judge.

Defendant-appellant Panda Rosemary Corporation (Panda) owns a leasehold interest in certain real property in Roanoke Rapids, North Carolina. The lessor and record owner of the property is The Bibb Company (Bibb). Panda hired defendant-appellant Hawker Siddeley Power Engineering, Inc. (HSPE), a British company, to design and build a cogeneration power plant on the property. After completion, Panda was to own and operate the plant pursuant to its lease...

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