GENERAL GREENE INV. CO. v. GREENE

No. 7918SC864.

268 S.E.2d 810 (1980)

48 N.C. App. 29

GENERAL GREENE INVESTMENT COMPANY, Kermit G. Phillips, II, and Wife, Jeannette S. Phillips, v. Edward I. GREENE et ux. Esther Z. Greene, G-K, Inc., a North Carolina Corporation and Underwood Realty Co., a North Carolina Corporation and the City of Greensboro, the State of North Carolina.

Court of Appeals of North Carolina.

August 5, 1980.


Attorney(s) appearing for the Case

J. Bruce Morton and Kent Lively, Greensboro, for plaintiffs-appellants.

J. Sam Johnson, Jr., Greensboro, for defendants-appellees Edward I. Greene and G-K, Inc.

John W. Hardy and Douglas, Ravenel, Hardy, Crihfield & Bullock, Greensboro, for defendant Underwood Realty Company.


PARKER, Judge.

In separate judgments dated 3 July 1979 the trial court granted the motions of defendants Edward I. Greene, G-K, Inc. and Underwood Realty Company for dismissal under Rule 12(b)(6) and for summary judgment under Rule 56. Because matters outside the pleadings were considered, we review the judgments under the standard applicable under Rule 56. Thus, defendants were entitled to summary judgment dismissing plaintiffs' action if the record discloses that...

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