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LUTHER v. HAUSER

No. 741DC583.

210 S.E.2d 218 (1974)

24 N.C. App. 71

Jane S. LUTHER v. William K. HAUSER, t/a Southeastern Construction Co.

Court of Appeals of North Carolina.

December 4, 1974.

Attorney(s) appearing for the Case

Twiford, Abbott & Seawell by C. Everett Thompson, Elizabeth City, for plaintiff appellee.

Carl E. Gaddy, Jr., Raleigh, for defendant appellant.

MORRIS, Judge.

Defendant's first assignment of error relates to the denial of his motions to dismiss pursuant to Rule 41(b) at the conclusion of the plaintiff's evidence and at the conclusion of all of the evidence. He maintains that plaintiff's cause of action should be dismissed for the following reasons:

1. The complaint is totally insufficient to state a cause upon which relief could be granted. 2. The plaintiff's claim is barred by the statute...

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