Legal Opinion
Burgess v. Andrews
District Court, W.D. North Carolina
Decided April 10, 1987No. C-C-86-503-PPublished
1Opinion of the Court
ORDER
ROBERT D. POTTER, Chief Judge.
Plaintiff has moved pursuant to Fed.R. Civ.P. 12(c) for judgment on the pleadings and pursuant to Fed.R.Civ.P. 56 for summary judgment. The Court finds that this action is not appropriate for a Rule 12(c) determination since the periods for receiving and considering pleadings had not closed at the time Plaintiff filed his Motion. In addition, the Court will consider matters outside the record, including affidavits and other orders, and will treat this matter under Rule 56.
This case arises out of the Defendant’s alleged professional malpractice in failing to…
2Cases cited12 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hodges v. CarterSupreme Court of North Carolina · 1954
- Scooper Dooper, Inc. v. Kraftco Corp.Court of Appeals for the Third Circuit · 1974
- Rorrer v. CookeSupreme Court of North Carolina · 1985
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