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DOUGHERTY EQUIP. v. M.C. PRECAST CONCRETE

No. COA10-646.

711 S.E.2d 505 (2011)

DOUGHERTY EQUIPMENT COMPANY, INC., Plaintiff, v. M.C. PRECAST CONCRETE, INC., Defendant.

Court of Appeals of North Carolina.

June 7, 2011.

Attorney(s) appearing for the Case

Tuggle Duggins & Meschan, P.A., Greensboro, by Emma C. Merritt Baggett and J. Nathan Duggins, III , for plaintiff-appellant.

Vann & Sheridan, LLP, Raleigh, by Cody R. Loughridge and James R. Vann , for defendant-appellee.

STROUD, Judge.

Plaintiff appeals from the trial court's order granting defendant's motion for relief from judgment and motion to dismiss due to improper service. As the trial court failed to consider whether service of process was proper under N.C. Gen.Stat. § 1A-1, Rule 4(j2)(2), we reverse and remand.

I. Background

On 25 May 2009, plaintiff filed a complaint against defendant for breach of contract based upon defendant's failure to pay plaintiff...

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