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OLIVER v. ROBERTS

No. 8021SC275.

271 S.E.2d 399 (1980)

James L. OLIVER, Jr. and Craven Venture Management, Inc. v. John B. ROBERTS and John Roberts, Ltd.

Court of Appeals of North Carolina.

October 30, 1980.

Attorney(s) appearing for the Case

White & Crumpler by Fred G. Crumpler, Jr., and Robert B. Womble, Winston-Salem, for plaintiffs-appellants.

Hudson, Petree, Stockton, Stockton & Robinson by Norwood Robinson and F. Joseph Treacy, Jr., Winston-Salem, for defendants-appellees.

ERWIN, Judge.

The question presented for our review is whether the trial court erred in granting defendants' motions to dismiss and for summary judgment pursuant to G.S. 1A-1, Rules 12(b)(6) and 56, of the Rules of Civil Procedure. We find that the motions were properly allowed.

We note at the outset that in granting defendants' motions, the trial court considered, inter alia, the depositions of the parties...

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