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POORE v. SWAN QUARTER FARMS, INC.

No. 852SC372.

338 S.E.2d 817 (1986)

Fred H. POORE and wife, Marie C. Poore v. SWAN QUARTER FARMS, INC., A.H. Van Dorp and Mary H. Van Dorp.

Court of Appeals of North Carolina.

February 4, 1986.

Attorney(s) appearing for the Case

Wayland J. Sermons, Jr., P.A., Washington, for plaintiff-appellant.

McMullan & Knott, by Lee E. Knott, Jr., Washington, for defendants-appellees.

WHICHARD, Judge.

The parties offered and the court considered only the pleadings in determining defendants' motions for judgment on the pleadings, summary judgment, and dismissal for failure to state a claim. It did not consider any "affidavits, depositions, answers to interrogatories, admissions, documentary materials, facts which are subject to judicial notice, [or] any other materials which would be admissible in evidence at trial." Huss v. Huss, 31 N.C...

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