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LEWIS v. WHITE

No. 100.

216 S.E.2d 134 (1975)

287 N.C. 625

McDaniel LEWIS et al., Plaintiffs, v. Thomas J. WHITE et al., Defendants.

Supreme Court of North Carolina.

June 26, 1975.

Attorney(s) appearing for the Case

Kimsey, Mackie & Smith by James M. Kimsey and Stephen T. Smith, Raleigh, for plaintiffs-appellants.

Rufus L. Edmisten, Atty. Gen. by T. Buie Costen, Asst. Atty. Gen., Raleigh, for State Art Museum Building Commission, plaintiff-appellee.

Joyner & Howison by William T. Joyner, R. C. Howison, Jr., James E. Tucker and Edward S. Finley, Jr., Raleigh, for State Art Museum Building Commission and its named members, defendants-appellees.

Maupin, Taylor & Ellis by C. B. Neely, Jr., Raleigh, for defendant Architects, appellees.

LAKE, Justice.

A motion to dismiss for failure to state a claim upon which relief can be granted, like the common law general demurrer, admits, for the purpose of the motion, the well-pleaded material allegations of the complaint, but it does not admit the plaintiff's conclusions of law, such as his interpretation of statutory provisions. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161.

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