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POWELL v. TOWN OF CANTON

No. 7230SC264.

189 S.E.2d 784 (1972)

J. T. POWELL and wife, Essie Powell v. TOWN OF CANTON.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Max O. Cogburn Asheville, for plaintiff appellants.

Walter C. Clark, Canton, for defendant appellee.

HEDRICK, Judge.

Plaintiffs contend the Court erred in allowing defendant's motion to dismiss the complaint for failure to state a claim upon which relief can be granted. "If the complaint discloses an unconditional affirmative defense which defeats the claim asserted or pleads facts which deny the right to any relief on the alleged claim it will be dismissed." Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161<...

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