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GRANT v. EMMCO INS. CO.

No. 85.

243 S.E.2d 894 (1978)

Douglas B. GRANT v. EMMCO INSURANCE COMPANY.

Supreme Court of North Carolina.

May 8, 1978.

Attorney(s) appearing for the Case

Morgan, Bryan, Jones, Johnson, Hunter & Greene by K. Edward Greene, Dunn, for plaintiff.

McLean, Stacy, Henry & McLean by Everett L. Henry, Lumberton, for defendant.

LAKE, Justice.

A motion to dismiss for failure of the complaint to state a claim upon which relief can be granted is the equivalent of a demurrer under the old practice for failure of the complaint to state a cause of action. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). Consequently, in passing upon such a motion, the allegations of the complaint are deemed to be true and the motion...

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