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MILNER HOTELS, INCORPORATED v. CITY OF RALEIGH

No. 529.

155 S.E.2d 543 (1967)

271 N.C. 224

MILNER HOTELS, INCORPORATED v. CITY OF RALEIGH, Gateway Plaza, Incorporated, Seby Jones and Robert D. Gorham.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Paul F. Smith and Donald L. Smith, Raleigh, for the City of Raleigh.

Young, Moore, Henderson & Adams, by J. Allen Adams, Raleigh, for plaintiff.

PLESS, Justice.

The City demurred for that the complaint fails to state a cause of action against the City of Raleigh in that there are not sufficient allegations in the complaint to show that the City of Raleigh had any legal duty to perform any of the acts which the complaint alleges that the City failed to perform.

"On a demurrer we consider only the sufficiency of the allegations set forth in the complaint. For the purpose of the demurrer the allegations...

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