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McPHERSON v. CITY COUNCIL OF CITY OF BURLINGTON

No. 738.

107 S.E.2d 147 (1959)

249 N.C. 569

Clyde McPHERSON and C. B. Moore v. CITY COUNCIL OF CITY OF BURLINGTON, N. C.; The City of Burlington, N. C.; H. C. Pollard, Mayor and Member of the City Council of the City of Burlington, N. C.; A. A. Alston, Mayor Pro Tem and Member of the City Council of the City of Burlington, N. C.; Allen B. Cammack, Member of the City Council of the City of Burlington, N. C.; Paul J. Craig, Member of the City Council of the City of Burlington, N. C.; and William Leloudis, Member of the City Council of the City of Burlington, N. C.; and the City of Burlington, N. C.

Supreme Court of North Carolina.

February 25, 1959.

Attorney(s) appearing for the Case

W. D. Madry, W. L. Shoffner, H. Clay Hemric, Burlington, for defendant appellants.

No counsel contra.

DENNY, Justice.

The appellants' first assignment of error is to the failure of the court below to sustain their demurrer ore tenus on the ground that the complaint does not state a cause of action.

The demurrer interposed in the court below was properly overruled. It fails to point out any defect in the complaint which would entitle the defendants to a dismissal of the action. Ledwell v. Proctor, 221 N.C. 161, 19 S.E.2d 234; McIntosh, North Carolina...

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