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CAROLINA BUILDERS CORP. v. AAA DRY WALL, INC.

No. 7910SC115.

259 S.E.2d 364 (1979)

43 N.C. App. 444

CAROLINA BUILDERS CORPORATION v. AAA DRY WALL, INC.; DWC Contractors, Inc.; and the Housing Authority of the City of Raleigh.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Joslin, Culbertson, Sedberry & Houck by William Joslin, Raleigh, for plaintiff-appellant.

Nance, Collier, Singleton, Kirkman & Herndon by Rudolph G. Singleton, Jr., Fayetteville, for defendant-appellee DWC Contractors, Inc.

Allen, Steed & Allen by Thomas W. Steed, Jr., Raleigh, for defendant-appellee Housing Authority of the City of Raleigh.

HEDRICK, Judge.

Plaintiff assigns as error the order dismissing, pursuant to Rule 12(b)(6), G.S. § 1A-1, both its claims for relief. The sufficiency of a claim to withstand a motion to dismiss is tested by its success or failure in setting out a state of facts which, when liberally considered, would entitle plaintiff to some relief. If it appears to a certainty that no state of facts which could be proved in support of the claim would so entitle plaintiff, the...

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