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KELLY v. BRILES

No. 7718SC237.

242 S.E.2d 883 (1978)

35 N.C. App. 714

George Edward KELLY and Rufus Hamilton Kelly v. Mary Lee BRILES and Ruth Addison Briles, Individually and as Executors of the Estate of Bertie Wallace Briles.

Court of Appeals of North Carolina.

April 4, 1978.

Attorney(s) appearing for the Case

Schoch, Schoch & Schoch by Arch Schoch, Jr., High Point, for plaintiffs-appellants.

Douglas, Ravenel, Hardy, Crihfield & Bullock by Frank W. Bullock, Jr., Greensboro, for defendants-appellees.

MORRIS, Judge.

Plaintiffs' complaint should be dismissed under Rule 12(b)(6) only if "it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim." (Emphasis deleted.) Sutton v. Duke, 277 N.C. 94, 103, 176 S.E.2d 161, 166 (1970), quoting 2A Moore's Federal Practice (2d ed. 1968), § 12.08. We now review...

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