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CAPITAL OUTDOOR ADV., INC. v. CITY OF RALEIGH

No. 9210SC180.

427 S.E.2d 154 (1993)

109 N.C. App. 399

CAPITAL OUTDOOR ADVERTISING, INC., Carolina Posters Corporation, Harris Signs, Inc., Hogan Outdoor of Raleigh, Inc., and Whiteco Industries, Inc., t/a Whiteco Metrocom, Inc. v. The CITY OF RALEIGH, a North Carolina Municipal Corporation.

Court of Appeals of North Carolina.

March 16, 1993.

Attorney(s) appearing for the Case

Hafer, Day & Wilson, P.A. by Betty S. Waller, Raleigh and Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Albert L. Sneed, Jr., Asheville, for plaintiff-appellants.

City Atty. Thomas A. McCormick by Deputy City Atty. Ira J. Botvinick, for defendant-appellee.

GREENE, Judge.

Plaintiffs appeal from the entry of an order dismissing, pursuant to Rule 12(b)(6), their complaint. The motion to dismiss was heard at the 28 October 1991 session of civil superior court in Wake County, specifically on 29 October 1991. The trial court did not render a decision on the motion until 4 November 1991, the date on which the trial judge signed the order of dismissal. The order was filed on 4 November 1991 with the clerk of the superior court...

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