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LEWIS v. SALEM ACADEMY AND COLLEGE

No. 7421SC623.

208 S.E.2d 404 (1974)

23 N.C. App. 122

H. Michael LEWIS v. SALEM ACADEMY AND COLLEGE et al.

Court of Appeals of North Carolina.

Certiorari Denied December 3, 1974.

Attorney(s) appearing for the Case

Meyressa H. Schoonmaker, William G. Pfefferkorn, Charles O. Peed, Jr. and M. Beirne Minor, Winston-Salem, for plaintiff appellant.

Womble, Carlyle, Sandridge & Rice by Charles F. Vance, Jr. and W. Andrew Copenhaver, Winston-Salem, for defendants appellees.

Certiorari Denied by Supreme Court December 3, 1974.

PARKER, Judge.

Rule 12(b)(6) of the North Carolina Rules of Civil Procedure is identical to Rule 12(b)(6) of the Federal Rules. It is appropriate, therefore, to turn to decisions under the Federal Rule 12(b)(6) for guidance in applying our own. In this regard, the author of Moore's Federal Practice summarizes federal decisions as follows:

"The motion to dismiss under Rule 12(b)(6) performs substantially...

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