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STANBACK v. STANBACK

No. 94.

254 S.E.2d 611 (1979)

Vanita B. STANBACK v. Fred J. STANBACK, Jr.

Supreme Court of North Carolina.

May 17, 1979.

Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller & Smith by Walter F. Brinkley and Benjamin G. Philpott, Lexington, for plaintiff-appellant.

Hudson, Petree, Stockton, Stockton & Robinson by Norwood Robinson and George L. Little, Jr., Winston-Salem, and Kluttz & Hamlin by Wm. Clarence Kluttz, Salisbury, for defendant-appellee.

BROCK, Justice.

The motion to dismiss under N.C. R.Civ.P. 12(b)(6) tests the legal sufficiency of the complaint. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). In ruling on the motion the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted. Newton...

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