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Hanes Constr. Co. v. Hotmix Bituminous Equip. Co.

Supreme Court of North Carolina
Dec 1, 2001
557 S.E.2d 529 (N.C. 2001)

Opinion

No. 563A01

Filed 18 December 2001

Jurisdiction — breach of contract — out-of-state seller — long-arm statute — minimum contacts

The decision of the Court of Appeals that the trial court had personal jurisdiction over the out-of-state seller of asphalt equipment in a breach of contract action is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that personal jurisdiction over defendant was not authorized by the long-arm statute, N.C.G.S. § 1-75.4, and that the exercise of personal jurisdiction over defendant violated due process because defendant had insufficient minimum contacts with this state.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. ___, 552 S.E.2d 177 (2001), reversing and remanding an order signed 4 April 2000 by Burke, J., in Superior Court, Davidson County. Heard in the Supreme Court 11 December 2001.

Cunningham Crump Cunningham, PLLC, by R. Flint Crump, for plaintiff-appellee.

Brinkley Walser, PLLC, by Stephen W. Coles, for defendant-appellant.


For the reasons stated in the dissenting opinion, the

decision of the Court of Appeals is reversed.

REVERSED.


Summaries of

Hanes Constr. Co. v. Hotmix Bituminous Equip. Co.

Supreme Court of North Carolina
Dec 1, 2001
557 S.E.2d 529 (N.C. 2001)
Case details for

Hanes Constr. Co. v. Hotmix Bituminous Equip. Co.

Case Details

Full title:HANES CONSTRUCTION COMPANY, A North Carolina Corporation…

Court:Supreme Court of North Carolina

Date published: Dec 1, 2001

Citations

557 S.E.2d 529 (N.C. 2001)
557 S.E.2d 529