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MOORE v. MOORE

No. 8721DC658.

365 S.E.2d 662 (1988)

Ruth S. MOORE and Robert Moore, Jr. v. Richard Lee MOORE and Carol Wood Moore.

Court of Appeals of North Carolina.

March 15, 1988.

Attorney(s) appearing for the Case

Victor M. Lefkowitz, Winston-Salem, for plaintiffs-appellants.

Cofer, Mitchell and Tisdale by Eddie C. Mitchell and Maureen T. Orbock, Winston-Salem, for defendants-appellees.

PHILLIPS, Judge.

Plaintiffs sued to obtain an order permitting them to visit defendants' minor children on a regular basis and the court dismissed the action pursuant to defendants' motion. Though the order is phrased as one of summary judgment under Rule 56, N.C. Rules of Civil Procedure, since it is based only upon an examination of the complaint, we treat it as a judgment on the pleadings pursuant to Rule 12(b)(6), N.C. Rules of Civil Procedure. Town of Bladenboro...

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