WELLS, Judge.
We first note that the defenses asserted by defendant are of the nature which are properly asserted in an answer. See G.S. 1A-1, Rule 12. We next note that although the trial court apparently treated defendant's motion as a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), the judgment indicates that the trial court considered, in addition to plaintiff's complaint and defendant's motion, a deposition and interrogatories and answers to interrogatories...
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