Brooks v. Southern National Corp.

HORTON, Judge.

Defendants originally complained that this matter was not properly before us for decision since none of plaintiffs claims have been finally determined, but withdrew their objection prior to oral argument in light of the decision of our Supreme Court in DKH Corp. v. Rankin-Patterson Oil Co., Inc., 348 N.C. 583, 500 S.E.2d 666 (1998).

Plaintiff does not contend he actually exhausted any available administrative remedies. He alleges in his complaint that the merger/conversion plan for Mutual Savings Bank- was approved by SID, and that N.C. Gen. Stat. § 150B-38 (1995), et seq.,…