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RAWLS v. LAMPERT

No. 811SC1157.

293 S.E.2d 620 (1982)

John Thomas RAWLS, III v. Sadron Clyde LAMPERT.

Court of Appeals of North Carolina.

July 20, 1982.

Attorney(s) appearing for the Case

Shearin, Gaw & Archbell by Roy A. Archbell, Jr., Kitty Hawk, for plaintiff-appellant.

Kellogg, White, Evans, Sharp & Michael by Steven D. Michael, Manteo, and Henderson & Shuford by Robert E. Henderson, Charlotte, for defendant-appellee.

ARNOLD, Judge.

In Snyder v. Freeman, 300 N.C. 204, 266 S.E.2d 593 (1980), we find the following statement of the standard applicable to a dismissal pursuant to G.S. 1A-1, Rule 12(b)(6):

"`A [complaint] may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient...

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