PIERCE v. PIVER

No. 794SC370.

262 S.E.2d 320 (1980)

Dorothy O. PIERCE and husband, Aubrey R. Pierce v. Dr. James W. PIVER.

Court of Appeals of North Carolina.

February 5, 1980.


Attorney(s) appearing for the Case

J. Harvey Turner, Kinston, for plaintiffs.

Marshall, Williams, Gorham & Brawley, by Ronald H. Woodruff, Wilmington, for defendant.


ROBERT M. MARTIN, Judge.

The only question presented by the appeal is whether the court erred in granting defendant's motion to dismiss the complaint under Rule 12(b)(6) for failure to state a claim upon which relief could be granted.

In discussing Rule 12(b)(6), Justice Sharp, in Sutton v. Duke, 277 N.C. 94, 105-06, 176 S.E.2d 161, 168 (1970), stated:

At the beginning of this...

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