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LOWDER v. ROGERS

No. 8320SC819.

315 S.E.2d 519 (1984)

W.H. LOWDER, J.R. Lowder, and Rosa M. Lowder v. John P. ROGERS, Charles E. Herbert, Henry C. Doby and John M. Bahner.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

DeLaney, Millette, DeArmon & McKnight, P.A. by Ernest S. DeLaney, Charlotte, for plaintiffs.

Hartsell, Hartsell & Mills, P.A. by W. Erwin Spainhour, Concord, for defendant John P. Rogers.

Nichols, Caffrey, Hill, Evans & Murrelle by William L. Stocks, and Everett B. Saslow, Jr., Greensboro, for defendant Charles E. Herbert.

Jones, Hewson & Woolard by Harry C. Hewson, Charlotte, for defendants Henry C. Doby and John M. Bahner.

WELLS, Judge.

The factual background surrounding this action is set forth in Hudson, et al v. All Star Mills, Inc., et al., ___ N.C.App. ___, 315 S.E.2d 514 (1984). The sole question that we must determine is whether the trial court erred in granting defendants' motion to dismiss under N.C.Gen.Stat. § 1A-1, Rule 12(b)(6) of the Rules of Civil Procedure. It is apparent from the wording of the order of dismissal that the...

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