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BAUGH v. WOODARD

No. 8110SC558.

287 S.E.2d 412 (1982)

Paul Mack BAUGH v. James C. WOODARD, Secretary of the North Carolina Department of Correction.

Court of Appeals of North Carolina.

March 2, 1982.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Norman B. Smith, Greensboro, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Peeler Smith, Raleigh, for defendant-appellee.

HEDRICK, Judge.

"A Rule 12(b)(6) motion to dismiss for failure to state a claim is indeed converted to a Rule 56 motion for summary judgment when matters outside the pleadings are presented to and not excluded by the court." Stanback v. Stanback, 297 N.C. 181, 205, 254 S.E.2d 611, 627 (1979); G.S. § 1A-1, Rule 12(b). In the present case, the court considered live testimony, and, hence, its ruling must be reviewed as...

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