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SMALL v. BRITT

No. 8216SC1113.

307 S.E.2d 771 (1983)

James Lenard SMALL v. Evander M. BRITT, Charles H. Kirkman.

Court of Appeals of North Carolina.

October 18, 1983.

Attorney(s) appearing for the Case

James Lenard Small, pro se, plaintiff-appellant.

Tharrington, Smith & Hargrove by Wade M. Smith, John R. Edwards, Elizabeth F. Kuniholm, Raleigh, for defendants-appellees.

EAGLES, Judge.

We find no error in the trial court's granting of defendants' motion to dismiss. A Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted is the proper method to test whether a pleading is legally sufficient. In determining as a matter of law whether the allegations state a claim for which relief may be granted, the allegations of a complaint are viewed as admitted. Stanback v. Stanback, 297 N.C. 181, 185...

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