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GREENSBORO MASONIC TEMPLE v. McMILLAN

No. COA00-311.

542 S.E.2d 676 (2001)

GREENSBORO MASONIC TEMPLE, Plaintiff, v. Patrick S. McMILLAN, Defendant.

Court of Appeals of North Carolina.

March 6, 2001.

Attorney(s) appearing for the Case

Johnson Tanner Cooke Younce & Moseley, by J. Sam Johnson, Jr., Greensboro, for plaintiff-appellant.

Forman Rossabi Black Marth Iddings & Albright, P.A., by T. Keith Black, Greensboro, for defendant-appellee.

WYNN, Judge.

A Rule 41(b) motion "not only tests the sufficiency of plaintiff's proof to show a right to relief, but also provides a procedure whereby the judge may weigh the evidence, determine the facts, and render judgment on the merits against the plaintiff." McKnight v. Cagle, 76 N.C. App. 59, 65, 331 S.E.2d 707, 711, cert. denied, 314 N.C. 541, 335 S.E.2d 20

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