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WILSON v. DRYVIT SYSTEMS, INC.

No. 5:00-CV-242(BR).

206 F.Supp.2d 749 (2002)

J. Kevin WILSON and wife, Azita Wilson, Plaintiffs, v. DRYVIT SYSTEMS, INC., Defendant and Third-Party Plaintiff, v. NCW Development, Inc., et al., Third-Party Defendants. and D.T. Glosson Construction, Inc., D.T. Glosson Construction d/b/a Glosson Drywall Construction Co., and Glosson Drywall Construction, Co., Fourth-Party Plaintiffs, v. Custom Designed Exteriors, Inc., Fourth-Party Defendant.

United States District Court, E.D. North Carolina, Western Division.

May 17, 2002.

Attorney(s) appearing for the Case

Daniel K. Bryson, Lewis & Roberts, Raleigh, NC, for Plaintiffs.

Hada V. Haulsee, David J. Mazza, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for Defendants.

ORDER

BRITT, Senior District Judge.

The matter before the court is defendant Dryvit Systems, Inc.'s ("Dryvit") 15 February 2002 motion for summary judgment. Plaintiffs have not responded to the motion, and the time within which to do so has expired. Thus, the motion is ripe for disposition.

I. BACKGROUND

On or about 9 June 1995, plaintiffs and third-party defendant NCW Development, Inc. ("NCW") entered into a contract for the sale...

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