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Thompson-Arthur Paving Co. of Greensboro must repay the state Department of Transportation for work on two roads in Guilford County, the state Court of Appeals decided Tuesday.

The court upheld a lower court ruling allowing the DOT to recover part of its payments for ``unclassified excavation' based on DOT estimates.When the projects were completed, DOT resurveyed and found that less of the excavation had been done than the estimates.

The company had argued that working with smaller amounts of earth increased its cost per cubic yard.

In other decisions, the court:

Upheld a jury decision that awarded Screaming Eagle Air Ltd. $109,000 in damages from the Airport Commission of Forsyth County.

The company had sued the airport commission in 1987 after one of its planes hit a dog on the runway and the nose gear collapsed. The appeals court ruled that the jury correctly could determine negligence because the five-mile perimeter of the airport is only partly enclosed with a chain-link fence, and because airport employees killed an average of 80 to 100 dogs each year.

Said a former Duke University professor who accused his colleagues of libel, malpractice and false imprisonment after he was fired and involuntarily committed deserved a new hearing on some of his charges.

Kwan-Sa You began working as an assistant professor of pediatrics in Duke's Pediatric Metabolism Laboratory in 1977. But in May 1982, he was informed he would be dismissed in April 1983. After an administrative appeal, his dismissal was delayed until October 1983.

But in September 1982, he was accused of refusing to reveal the recipes for some compounds he was making at the laboratory.

His suit against five other Duke professors and the university said statements made by his colleagues led to his involuntary commitment in Duke's psychiatric unit Oct. 1, 1982. He was taken to the unit by four university security guards and held for three days for observation.

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