Propst Construction Co. v. North Carolina Department of Transportation , 307 N.C. 124 ( 1982 )
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PER CURIAM. The Court of Appeals erred in remanding this case for trial by jury. Under N.C.G.S. 136-29(c), any controversy concerning a completed contract for the construction of a state highway is to be tried by a judge without a jury. Therefore, the opinion of the Court of Appeals is modified to the extent that the controversy is remanded for trial by a judge sitting as the finder of fact. Except as modified herein, the opinion of the Court of Appeals is affirmed and adopted by this Court.
Modified and affirmed.
Document Info
Docket Number: No. 291PA82
Citation Numbers: 307 N.C. 124, 296 S.E.2d 295, 1982 N.C. LEXIS 1604
Filed Date: 11/3/1982
Precedential Status: Precedential
Modified Date: 11/11/2024