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HEWES v. JOHNSTON

No. 8227SC417.

301 S.E.2d 120 (1983)

Mr. and Mrs. Charles F. HEWES, Plaintiffs, v. Hugh W. JOHNSTON Defendant, and Hugh W. JOHNSTON, Third Party Plaintiff, v. Charles F. HEWES and Brenda P. Hewes, his wife, and Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, Third Party Defendants.

Court of Appeals of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Harry C. Hewson and Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William E. Poe and William L. Rikard, Jr., Charlotte, for plaintiffs and third-party defendants, appellees.

Basil L. Whitener and Anne M. Lamm, Gastonia, for defendant and third-party plaintiff, appellant.

HEDRICK, Judge.

Defendant and third-party plaintiff, Hugh W. Johnston, contends the trial court erred in ordering dismissal of his claims against the third-party defendants, Mr. and Mrs. Hewes, and against the third-party defendants, Grier-Parker. To prevent a Rule 12(b)(6) dismissal, a party must (1) give sufficient notice of the events on which the claim is based to enable the adverse party to respond and prepare for...

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