HARRINGTON MFG. CO., INC. v. POWELL MFG. CO.

No. 776SC602.

248 S.E.2d 739 (1978)

38 N.C. App. 393

HARRINGTON MANUFACTURING COMPANY, INC. v. POWELL MANUFACTURING COMPANY, INC.

Court of Appeals of North Carolina.

November 7, 1978.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by Stephen R. Burch and William W. Pritchett, Jr., Windsor, for plaintiff, Harrington Manufacturing Company, Inc., appellant-appellee.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage and William P. Farthing, Jr., Charlotte, for defendant Powell Manufacturing Company, Inc., appellant-appellee.


PARKER, Judge.

PLAINTIFF'S APPEAL

On plaintiff Harrington's appeal, Harrington assigns error to the granting of Powell's motion dismissing Harrington's action by way of summary judgment. Defendant Powell contends the summary judgment was properly entered and cross-assigns as error the denial of its earlier motion to dismiss Harrington's complaint under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.

In substance, plaintiff...

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