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BATTLE v. CLANTON

No. 757SC469.

220 S.E.2d 97 (1975)

27 N.C. App. 616

Clarence BATTLE v. Major CLANTON et al.

Court of Appeals of North Carolina.

December 3, 1975.

Attorney(s) appearing for the Case

Hubert H. Senter, Franklinton, for plaintiff.

Battle, Winslow, Scott & Wiley, P. A., by J. B. Scott, Rocky Mount, for defendant Stallings.

CLARK, Judge.

A judgment on the pleadings was inappropriate. The complaint was not fatally defective, and it appears that matters outside the pleadings were presented to and considered by the court. Under these circumstances the motion for judgment on the pleadings must be treated as a motion for summary judgment. G.S. 1A-1, Rule 12(c).

Summary judgment for the defendant Stallings was entered by the trial court on...

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