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BOWLIN v. DUKE UNIVERSITY

No. 9110SC1195.

423 S.E.2d 320 (1992)

108 N.C.App. 145

Joyce BOWLIN, Plaintiff-Appellant, v. DUKE UNIVERSITY, Private Diagnostic Clinic, and Roy B. Jones, Defendant-Appellee.

Court of Appeals of North Carolina.

December 1, 1992.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by Marcus W. Trathen and Elizabeth F. Kuniholm, Raleigh, for plaintiff-appellant.

Newsom, Graham, Hedrick, Bryson & Kennon by E.C. Bryson, Jr. and Mark E. Anderson, Durham, for defendant-appellee Duke University.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by William H. Moss and Samuel G. Thompson, Raleigh, for defendant-appellees Private Diagnostic Clinic and Roy B. Jones.

WELLS, Judge.

We note initially that the summary judgment below did not resolve all claims between all parties. Partial summary judgment is interlocutory and subject to dismissal. However, following our Supreme Court's reasoning and holding in Oestreicher v. Stores, 290 N.C. 118, 225 S.E.2d 797 (1976) and its progeny, we conclude that plaintiff had a substantial right to have all her claims...

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