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LYON v. CONTINENTAL TRADING CO.

No. 855SC12.

333 S.E.2d 774 (1985)

Muir LYON, Jim Schenck and Fred Steck, Partners d/b/a Lyon, Schenck and Steck Associates, Plaintiffs, v. CONTINENTAL TRADING COMPANY, Defendant and Third-Party Plaintiff, v. Doug HORNER and Lackey Industries, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

September 3, 1985.

Attorney(s) appearing for the Case

Johnson & Lambeth by Robert Johnson, Wilmington, for plaintiffs, appellees.

Dean R. Davis, Payne, Boyle & Davis, Wilmington, for defendant, appellant.

HEDRICK, Chief Judge.

Based on Assignment of Error No. 3, defendant contends the trial court erred in denying its 12(b)(6) motion to dismiss for the failure of the complaint to state a claim upon which relief could be granted. Defendant argues that the complaint does not allege the elements of a negligence action with sufficient particularity so as to state a cognizable claim.

This Court has on a number of occasions...

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