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AMERICAN DENTAL SERVICES, INC. v. FULP

No. 8210DC110.

301 S.E.2d 121 (1983)

AMERICAN DENTAL SERVICES, INC. v. James F. FULP, Jr., D.D.S., P.A.

Court of Appeals of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

McDaniel, Heidgerd and Schiller by Marvin Schiller, Raleigh, for plaintiff-appellant.

Pinna & Corvette by T.E. Corvette, Jr. and Karen Estelle Carey, Raleigh, for defendant-appellee.

Bailey, Dixon, Wooten, McDonald & Fountain by Ralph McDonald and Carson Carmichael, III, Raleigh, for North Carolina State Board of Dental Examiners, amicus curiae.

WEBB, Judge.

At the outset we note that the order for summary judgment was partial. It did not dispose of all claims and this appeal is subject to dismissal. See Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E.2d 443 (1979). In our discretion, we treat the appeal as a petition for certiorari and allow it.

The parties in their briefs argue at length as to whether King's Department...

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