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TOMPKINS v. ALLEN

No. 9126SC780.

421 S.E.2d 176 (1992)

107 N.C. App. 620

David TOMPKINS, Plaintiff, v. Jack ALLEN and Roses Stores, Inc., Defendants.

Court of Appeals of North Carolina.

October 6, 1992.

Attorney(s) appearing for the Case

Pamela A. Hunter, Charlotte, for plaintiff-appellant.

Rayburn, Moon & Smith, P.A. by Matthew R. Joyner, Charlotte, for defendant-appellee Jack Allen.

Perry, Kittrell, Blackburn & Blackburn by Charles F. Blackburn, Henderson, for defendant-appellee Roses Stores, Inc.

WELLS, Judge.

Plaintiff brings forward in this appeal the sole question of whether his claim for unlawful termination was properly dismissed. Because the trial court considered matters outside the pleading, the judgment entered there must be considered as one for summary judgment. Long v. Fink, 80 N.C. App. 482, 342 S.E.2d 557 (1986); Kessing v. National Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823...

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