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O'NEILL v. SOUTHERN NAT. BANK

No. 7826SC269.

252 S.E.2d 231 (1979)

40 N.C. App. 227

James F. O'NEILL, Guardian ad Litem for Michael Raymond Harris, David Lee Harris, Beverly Ann Harris, and Barbara Lynn Harris, Minors, Virginia Louise Harris and Calvin J. Harris, Jr. v. SOUTHERN NATIONAL BANK of North Carolina, Wheat First Securities, Inc., and James R. Sheilds.

Court of Appeals of North Carolina.

March 6, 1979.

Attorney(s) appearing for the Case

Mraz, Aycock, Casstevens & Davis, by John A. Mraz, Charlotte, for plaintiff appellees.

Fleming, Robinson & Bradshaw, by Michael A. Almond, Charlotte, for defendant appellant Southern National Bank.

HEDRICK, Judge.

We first consider the Bank's purported appeal based on an exception to the 4 January 1978 Order denying the Bank's Rule 12(b)(6) motion to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted. An Order denying a Rule 12(b)(6) motion is interlocutory and clearly not appealable. G.S. § 1-277; Smith v. State, 289 N.C. 303, 222 S.E.2d 412

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