DULL v. MUTUAL OF OMAHA INS. CO.

No. 8621SC1022.

354 S.E.2d 752 (1987)

Jimmy Lee DULL, Phillip E. Ingram and William Eagle v. MUTUAL OF OMAHA INSURANCE COMPANY, United Benefit Life Insurance Company, Richardson Agency of Winston-Salem, Inc.

Court of Appeals of North Carolina.

April 21, 1987.


Attorney(s) appearing for the Case

Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown by B. Ervin Brown, II, Winston-Salem, for plaintiffs appellants.

Allman, Spry, Humphreys, Leggett & Howington, P.A. by William D. Spry, Jr., and David C. Smith, Winston-Salem, for defendants appellees.


MARTIN, Judge.

The issue to be decided in this appeal is whether defendants were entitled to summary judgment with respect to plaintiffs' claims. Plaintiffs argue that summary judgment was improper, contending that the previous denial of defendants' motions to dismiss plaintiff's claims pursuant to Rule 12(b)(6) established "the law of the case" and precluded the subsequent entry of summary judgment dismissing those claims. In any event, they contend, genuine issues...

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