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HARRIS v. FAMILY MEDICAL CENTER

No. 7814SC122.

248 S.E.2d 768 (1978)

38 N.C. App. 716

Thelma HARRIS and husband, Joe Harris v. FAMILY MEDICAL CENTER, Duke University Medical Center, Ann Moore, M. D., William Kane, M. D. and Gregraphy Solobrieff.

Court of Appeals of North Carolina.

November 21, 1978.

Attorney(s) appearing for the Case

Henry D. Gamble, Durham, for plaintiffs-appellants.

Newsom, Graham, Strayhorn, Hedrick, Murray, Bryson & Kennon by E. C. Bryson, Jr., Durham, for defendants-appellees.

CLARK, Judge.

Plaintiffs contend that they are entitled to amend their complaint as a matter of course prior to the filing of a responsive pleading, pursuant to Rule 15(a) of the North Carolina Rules of Civil Procedure. The plaintiffs contend that the defendants' Rule 12(c) motion was not a responsive pleading and therefore they are entitled to amend after the court granted the Rule 12(c) motion in favor of defendants.

Rule 15(a) provides:

"Amendments...

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