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MILLS v. KOSCOT INTERPLANETARY INC.

No. 7222SC9.

187 S.E.2d 372 (1972)

13 N.C. App. 681

Mrs. Peggy MILLS v. KOSCOT INTERPLANETARY INC., a foreign corporation.

Court of Appeals of North Carolina.

March 29, 1972.

Attorney(s) appearing for the Case

Raymer, Lewis & Eisele by Douglas G. Eisele, Statesville, for plaintiff appellant and appellee.

Broughton, Broughton, McConnell & Boxley by John D. McConnell, Jr., Raleigh, for defendant appellant and appellee.

CAMPBELL, Judge.

DEFENDANT'S APPEAL

Defendant asserts that its motion for judgment on the pleadings should have been sustained. We do not agree. This motion was made under Rule 12 of the North Carolina Rules of Civil Procedure, G.S. § 1A-1, Rule 12. The defendant's motion was made prior to the amendment to the complaint. It is to be passed upon, however, in the light of the evidence presented at the trial and the amendment to the complaint which was...

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