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GIRARD TRUST BANK v. EASTON

No. 688SC242.

165 S.E.2d 252 (1969)

3 N.C. App. 414

GIRARD TRUST BANK v. F. E. EASTON.

Court of Appeals of North Carolina.

January 15, 1969.

Attorney(s) appearing for the Case

Dees, Dees, Smith & Powell, by William L. Powell, Jr., Goldsboro, for plaintiff appellee.

Braswell & Strickland by Roland C. Braswell and David M. Rouse, Goldsboro, for defendant appellant.

MALLARD, Chief Judge.

Ordinarily, Rule 4(b) of the Rules of Practice in the Court of Appeals of North Carolina precludes an appeal "from an order striking or denying a motion to strike allegations contained in pleadings." However, when a motion to strike an entire further answer or defense is granted, an immediate appeal is available since such motion is in substance a demurrer. Nationwide Mutual Insurance Co. v. Aetna Casualty & Surety Co.,

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