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HARGROVE v. BILLINGS & GARRETT, INC.

No. COA99-477.

529 S.E.2d 693 (2000)

Milton A. HARGROVE v. BILLINGS & GARRETT, INC., a North Carolina Corporation and the City of Louisburg, a Municipal Corporation.

Court of Appeals of North Carolina.

May 2, 2000.

Attorney(s) appearing for the Case

Roberti, Wittenberg, Holtkamp & Lauffer, P.A., by R. David Wicker, Jr., and Samuel B. Taylor, Durham, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Jeffrey A. Doyle, Raleigh, for defendant-appellee.

MARTIN, Judge.

Plaintiff appeals from an order dismissing his complaint against defendant City of Louisburg for failure to state a claim upon which relief can be granted. We reverse.

In his complaint, plaintiff alleges that he was employed by defendant Billings & Garrett, Inc., a construction company which had contracted with defendant City of Louisburg for the construction of a sewer line. Plaintiff alleges that excavation for the sewer line necessitated...

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