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HANES CONSTRUCTION COMPANY, A North Carolina Corporation v.
HOTMIX & BITUMINOUS EQUIP. CO., INC.
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. 24, 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.
PER CURIAM.
For the reasons stated in the dissenting opinion, the
decision of the Court of Appeals is reversed.
REVERSED.
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