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REEVES BROTHERS, INC. v. TOWN OF RUTHERFORDTON

No. 64.

194 S.E.2d 129 (1973)

282 N.C. 559

REEVES BROTHERS, INCORPORATED v. The TOWN OF RUTHERFORDTON and the Town of Ruth.

Supreme Court of North Carolina.

January 26, 1973.

Attorney(s) appearing for the Case

Hamrick & Hamrick by J. Nat Hamrick, Rutherfordton, for plaintiff appellant.

Owens & Arledge by A. Jervis Arledge and Hollis M. Owens, Jr., Rutherfordton, for defendant appellees.

BOBBITT, Chief Justice.

The question presented by Rutherfordton's motion was and is whether the allegations of the complaint affirmatively disclose that plaintiff has no claim against Rutherfordton on which relief can be granted. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). In resolving this question, the only facts to be considered are those alleged by plaintiff. Accepting these facts as true...

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