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PEDWELL v. FIRST UNION NAT. BANK OF N. C.

No. 8021SC707.

275 S.E.2d 565 (1981)

Michael R. PEDWELL and wife, Vicki A. Pedwell v. FIRST UNION NATIONAL BANK OF NORTH CAROLINA and Cameron-Brown Company.

Court of Appeals of North Carolina.

March 17, 1981.

Attorney(s) appearing for the Case

Alexander, Hinshaw & Schiro by Gregory W. Schiro, Winston-Salem, for plaintiffs-appellants.

Hutchins, Tyndall, Bell, Davis & Pitt by Walter W. Pitt, Jr. and Richard D. Ramsey, Winston-Salem, for defendants-appellees.

WEBB, Judge.

The defendants' motion to dismiss pursuant to Rule 12(b)(6) should not have been allowed unless it appears from the complaint that the plaintiffs can prove no state of facts that will entitle them to relief. F. D. I. C. v. Loft Apartments, 39 N.C. App. 473, 250 S.E.2d 693 (1979).

The plaintiffs have made allegations which, if proved, could establish that the bank...

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