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SHOFFNER INDUS. v. W. B. LLOYD CONST. CO.

No. 7815SC875.

257 S.E.2d 50 (1979)

42 N.C. App. 259

SHOFFNER INDUSTRIES, INC., Plaintiff, v. W. B. LLOYD CONSTRUCTION COMPANY, Defendant, v. Noel N. COLTRANE, Jr., Additional Defendant.

Court of Appeals of North Carolina.

Certiorari Denied September 25, 1979.

Attorney(s) appearing for the Case

Smith, Anderson, Blount, & Mitchell by James G. Billings and Nigle B. Barrow, Jr., Raleigh, for defendant-appellant.

Allen, Allen, Walker & Washburn by J. Kent Washburn, Burlington, for additional defendant-appellee.

Certiorari Denied by Supreme Court September 25, 1979.

CARLTON, Judge.

In light of the unusual disposition of this action by the trial court, it is first necessary that we determine the proper posture of the case on appeal. The trial court denied the additional defendant's motion for summary judgment but allowed his motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief may be granted. We agree with the additional...

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