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ADAMS v. NELSEN

No. 833DC359.

312 S.E.2d 896 (1984)

W.J. ADAMS v. Robert J. NELSEN and wife, Alice E. Nelsen.

Court of Appeals of North Carolina.

March 20, 1984.

Attorney(s) appearing for the Case

Darden & Pierce by R.D. Darden, Jr., Morehead City, for plaintiff-appellant.

Bennett, McConkey & Thompson by Thomas S. Bennett, Morehead City, for defendants-appellees.

VAUGHN, Chief Judge.

Plaintiff contends that the trial court erred in granting defendants' 12(b)(6) motion to dismiss. We agree. The only situations warranting a 12(b)(6) dismissal are:

(1) when the complaint on its face reveals that no law supports plaintiff's claim; (2) when the complaint on its face reveals that some fact essential to plaintiff's claim is missing; and (3) when some fact disclosed in the complaint defeats plaintiff's...

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