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STALLINGS v. NORTH CAROLINA DEPT. OF TRANSP.

No. 8810IC390.

374 S.E.2d 469 (1988)

92 N.C. App. 346

Vernell STALLINGS, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

December 20, 1988.

Attorney(s) appearing for the Case

Douglas, Ravenel, Hardy, Crihfield & Moseley by Robert D. Douglas, III, Greensboro, for plaintiff-appellant.

Atty. Gen., Lacy H. Thornburg by Asst. Atty. Gen., Elisha H. Bunting, Jr., Raleigh, for State.

SMITH, Judge.

Defendant made both a motion to dismiss and a motion for summary judgment. The Industrial Commission granted the motion to dismiss but made findings of fact based on evidence presented to the Commission.

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 shall be treated as one for summary judgment...

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