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F. D. I. C. v. LOFT APARTMENTS LTD. PART.

No. 7810SC210.

250 S.E.2d 693 (1979)

39 N.C. App. 473

FEDERAL DEPOSIT INSURANCE CORPORATION v. LOFT APARTMENTS LIMITED PARTNERSHIP, Blue Bell Advisors, Inc., Hampton Advisory Corp., formerly known as Sonnenblick-Goldman Advisory Corp., Capital Investment Development Corp., North American Mortgage Investors.

Court of Appeals of North Carolina.

January 16, 1979.

Attorney(s) appearing for the Case

Maupin, Taylor & Ellis by G. Palmer Stacy, III, Raleigh, for plaintiff-appellant.

Poyner, Geraghty, Hartsfield & Townsend by David W. Long, Raleigh, for defendants-appellees Hampton Advisory Corp., and North American Mortg. Investors.

Manning, Fulton & Skinner by Howard E. Manning, Jr., Raleigh, for defendants-appellees Loft Apartments, Ltd. Partnership, Blue Bell Advisors, Inc. and Capital Investment Development Corp.

HEDRICK, Judge.

The one question presented by this appeal is whether the trial court erred in allowing defendant's motion to dismiss plaintiff's action for failure to state a claim upon which relief could be granted pursuant to G.S. § 1A-1, Rule 12(b)(6).

In North Carolina a complaint should not be dismissed for failure to state a claim upon which relief can be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support...

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