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GALLIMORE v. SINK

No. 7522DC333.

218 S.E.2d 181 (1975)

27 N.C. App. 65

Talton Jr. GALLIMORE v. Fred C. SINK, Sheriff, Davidson County, Lexington, North Carolina, and Jimmy Varner, Manager, Davidson County, Lexington, North Carolina, as Individuals and Travelers Indemnity Company, Additional-Defendant.

Court of Appeals of North Carolina.

September 17, 1975.

Attorney(s) appearing for the Case

Lambeth, McMillan & Weldon by Charles F. Lambeth, Jr., Thomasville, for plaintiff-appellant.

DeLapp, Hedrick & Harp by Robert C. Hedrick, Lexington, for defendants-appellees Sink and Varner.

Walser, Brinkley, Walser & McGirt by Walter F. Brinkley, Lexington, for defendant-appellee Travelers Indem. Co.

HEDRICK, Judge.

The one question for resolution on this appeal is whether the allegations of plaintiff's complaint are sufficient to state a claim upon which relief can be granted.

In North Carolina a complaint should not be dismissed for failure to state a claim upon which relief can be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle...

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