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THOMPSON v. WATKINS

No. 7219SC212.

189 S.E.2d 615 (1972)

Miriam Gaither THOMPSON et al. v. Harold L. WATKINS, Sr., Executor of the Estate of Anna L. Litaker, et al.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Williams, Willeford & Boger, by John R. Boger, Jr., Concord, for plaintiff appellant.

Hartsell, Hartsell & Mills, by W. Erwin Spainhour, Concord, for defendant appellee.

VAUGHN, Judge.

Appellants assignment of error is that the trial court erred in granting defendants' motion to dismiss. This Court, in Cassels v. Ford Motor Co., 10 N.C. App. 51, 178 S.E.2d 12, stated that, "A complaint is sufficient to withstand a motion to dismiss where no insurmountable bar to recovery on the claim alleged appears on the face of the complaint and where allegations contained...

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