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O & M INDUSTRIES v. SMITH ENGINEERING CO.

No. 502PA04.

624 S.E.2d 345 (2006)

O & M INDUSTRIES v. SMITH ENGINEERING COMPANY, a/k/a Smith Environmental Corporation; Kurz Transfer Products, Limited Partnership, and Kurz and Partners, Limited Partnership.

Supreme Court of North Carolina.

January 27, 2006.

Attorney(s) appearing for the Case

Hendrick & Bryant, LLP, by Matthew H. Bryant and T. Paul Hendrick, Winston-Salem, for plaintiff-appellant.

Smith Currie & Hancock, LLP, by Harry R. Bivens, for defendant-appellee Kurz Transfer Products, L.P.

Erwin and Eleazer, P.A., by L. Holmes Eleazer, Jr. and Fenton T. Erwin, Jr., Charlotte, Counsel for American Subcontractors Association of the Carolinas, amicus curiae.

Vann & Sheridan, LLP, by James R. Vann and Nan E. Hannah, Raleigh, for Southeastern Association of Credit Management, Inc., amicus curiae.

PARKER, Justice.

O & M Industries ("plaintiff") instituted this action against Smith Engineering ("Smith") and Kurz Transfer Products, LP ("defendant") under N.C.G.S. § 44A-18, the materialman's statutory lien. The issue before the Court for review is whether the Court of Appeals properly reversed the trial court's entry of summary judgment for plaintiff under N.C.G.S. § 44A-20. For the reasons stated herein...

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