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BURGESS v. ANDREWS

No. C-C-86-503-P.

657 F.Supp. 1153 (1987)

Albert Charles BURGESS, Jr., Plaintiff, v. Thomas J. ANDREWS, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

April 10, 1987.

Attorney(s) appearing for the Case

Albert Charles Burgess, Jr., pro se.

R.C. Carmichael, Jr., Wade & Carmichael, Charlotte, N.C., for defendant.

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...

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