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WATSON INS. AGENCY, INC. v. PRICE MECHANICAL, INC.

No. 9127SC360.

417 S.E.2d 811 (1992)

WATSON INSURANCE AGENCY, INC., Plaintiff, v. PRICE MECHANICAL, INC., Defendant and Third Party Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY, Third Party Defendant.

Court of Appeals of North Carolina.

July 7, 1992.

Attorney(s) appearing for the Case

R. Locke Bell, Gastonia, for plaintiff-appellee.

Malcolm B. McSpadden, Gastonia, for defendant/third party plaintiff-appellant.

Underwood, Kinsey, Warren & Tucker, P.A. by C. Ralph Kinsey, Jr. and Frank W. Snepp, Charlotte, for third party defendant-appellee.

ORR, Judge.

The issue on appeal is whether the trial court erred in granting summary judgment in favor of Watson. For the reasons below, we reverse in part and affirm in part the judgment of the trial court.

Price first contends that the trial court erred in failing to grant its motion to dismiss pursuant to N.C.Gen.Stat. § 1A-1, Rule 12(b)(6) (1990), and in the alternative, by failing to grant summary judgment in its favor. "Where matters outside the...

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