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MAZZUCCO v. N. C. BD. OF MEDICAL EXAMINERS

No. 7610SC326.

228 S.E.2d 529 (1976)

31 N.C. App. 47

Mary Frances MAZZUCCO and Geraldine Patton McClelland, Plaintiffs, v. The NORTH CAROLINA BOARD OF MEDICAL EXAMINERS, consisting of the following individual members: Dr. Joseph W. Hooper, Dr. Bryant L. Galusha, Dr. Cornelius T. Patrick, Dr. Vernon W. Taylor, Jr., Dr. Frank Edmondson, Dr. E. Wilson Staub, Dr. Charles B. Wilkerson, Jr., and Mr. Bryant D. Paris, Jr., Defendants.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

William H. Elam, Charlotte, for plaintiffs-appellants.

Smith, Anderson, Blount & Mitchell by John H. Anderson, Raleigh, for defendants-appellees.

CLARK, Judge.

The defendants' motion under G.S. 1A-1, Rule 12(b)(6) to dismiss for failure of the complaint to state a claim upon which relief can be granted will only be allowed when, under former practice, a demurrer would have been sustained because the complaint affirmatively discloses that the plaintiff had no cause of action against the defendant. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161<...

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