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LEE v. PARAGON GROUP CONTRACTORS, INC.

No. 8518SC401.

337 S.E.2d 132 (1985)

J. Kenneth LEE, Trustee for Medical Care, Inc., Pension Plan v. PARAGON GROUP CONTRACTORS, INCORPORATED.

Court of Appeals of North Carolina.

December 17, 1985.

Attorney(s) appearing for the Case

Romallus O. Murphy, Greensboro, for plaintiff-appellant.

Robinson, Bradshaw & Hinson by Richard A. Vinroot and Dan T. Coenen, Charlotte, for defendant-appellee.

EAGLES, Judge.

By his sole assignment of error, defendant contends that the trial court erred in granting defendant's motion to dismiss. We find no error.

The test on a motion to dismiss for failure to state a claim upon which relief can be granted is whether the pleading is legally sufficient. [Citation omitted] A complaint may be dismissed on motion filed under Rule 12(b)(6) if it is clearly without merit; such lack of merit may consist of an absence of...

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