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CONCRETE SERVICE CORP. v. INVESTORS GROUP, INC.

No. 8514DC935.

340 S.E.2d 755 (1986)

CONCRETE SERVICE CORP. v. INVESTORS GROUP, INC., C. Paul Roberts, Timothy E. Oates, and Barbara Summey.

Court of Appeals of North Carolina.

March 18, 1986.

Attorney(s) appearing for the Case

Powe, Porter and Alphin by Edward L. Embree, III, Durham, for plaintiff-appellee.

B.J. Sanders, Durham, for defendant-appellant Timothy E. Oates.

EAGLES, Judge.

I

Defendant first assigns error to the denial of his motion to dismiss the action for failure to state a claim against him, made at the beginning of trial. Defendant urges that we view the motion to dismiss as a "freeze-frame," considering it in light of the pleadings as they stood at the time the motion was made.

The Supreme Court recently held that the denial of a motion for summary judgment is not reviewable on appeal from final...

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