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LOWDER v. LOWDER

No. 8320SC818.

315 S.E.2d 520 (1984)

W.H. LOWDER v. Malcolm M. LOWDER, Patty S. Lowder, Brown, Brown & Brown, a Partnership, and Moore & Van Allen, a Partnership.

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 plaintiff.

Moore, Van Allen & Allen by Randel E. Phillips, Charlotte, for defendants Malcolm M. Lowder and Patty S. Lowder.

Bailey, Brackett & Brackett, P.A. by Martin L. Brackett, Jr., Charlotte, for defendant Brown, Brown and Brown.

Golding, Crews, Meekins, Gordon & Gray by James P. Crews, Charlotte, for defendant Moore & Van Allen.

WELLS, Judge.

The sole issue raised by this appeal is whether the trial court properly dismissed plaintiff's complaint. The motions to dismiss were made pursuant to 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 trial court considered the record of proceedings in Lowder, et al. v. All Star Mills, Inc., et al, No. 79CVS015, supra. Pursuant to the provisions...

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