WELLS, Judge.
Before addressing the merits of plaintiff's appeal, we must first determine the posture of this case on appeal. N.C.Gen. Stat. § 1A-1, Rule 12(b) of the Rules of Civil Procedure provides that, if on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion should be treated as one for summary judgment and disposed of as...
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