TEACHY v. COBLE DAIRIES, INC.

No. 818SC305.

284 S.E.2d 332 (1981)

Lela J. TEACHY, Administratrix of the Estate of James Everette Teachy, Jr., Plaintiff, v. COBLE DAIRIES, INC., North Carolina Corporation and Edward Dean Holmes, Original Defendants and Third-Party Plaintiffs, v. DEPARTMENT OF TRANSPORTATION of the State of North Carolina, Third-Party Defendant.

Court of Appeals of North Carolina.

November 17, 1981.


Attorney(s) appearing for the Case

Taylor, Warren, Kerr & Walker by John H. Kerr, III, Goldsboro, for third-party plaintiffs-appellees.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for third-party defendant-appellant.


HEDRICK, Judge.

On 2 June 1981 the original defendants Coble Dairies and Edward Holmes filed in this Court a motion to dismiss the appeal as being from interlocutory orders. By order dated 16 June 1981 this Court denied the motion. In its brief, the original defendants have renewed the motion.

The denial of a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted is not immediately appealable. The denial of a motion to...

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