Raintree Corp. v. Rowe
1978.NC.40120; 248 S.E.2D 904; 38 N.C. APP. 664
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Publisher Description
Plaintiffs first assignment of error was the trial courts treating of defendants Rule 12(b)(6) motions to dismiss for failure to state a claim upon which relief may be granted as motions for summary judgment. Plaintiff complains it did not have 10 days notice as required by Rule 56(c), nor was it given a reasonable opportunity to present all material made pertinent to the motions.