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LEDBETTER v. FARMERS BANK & TRUST CO.

No. 5209.

142 F.2d 147 (1944)

LEDBETTER et al. v. FARMERS BANK & TRUST CO. et al.

Circuit Court of Appeals, Fourth Circuit.

April 11, 1944.

Attorney(s) appearing for the Case

George S. Steele, Jr., of Rockingham, N. C., and Whiteford S. Blakeney, of Charlotte, N. C. (Guthrie, Pierce & Blakeney, of Charlotte, N. C., on the brief), for appellants.

M. G. Wallace, of Richmond, Va. (R. H. Dye, of Fayetteville, N. C., on the brief), for appellees.

Before SOPER and DOBIE, Circuit Judges, and HUTCHESON, District Judge.

DOBIE, Circuit Judge.

This is an appeal from an order of the United States District Court for the Middle District of North Carolina, granting a motion of defendants to dismiss a civil action on the ground that the complaint failed to state a valid claim, and, in turn, denying a motion of the plaintiffs for leave of court to file an amended complaint.

The motion to dismiss under the Federal Rules of Civil Procedure takes the place of the old demurrer, and in...

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