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BRIGGS v. ROSENTHAL

No. 8415SC497.

327 S.E.2d 308 (1985)

Warren BRIGGS and wife, Gloria Briggs v. John ROSENTHAL and the Sun Publishing Co., Inc.

Court of Appeals of North Carolina.

April 2, 1985.

Attorney(s) appearing for the Case

Alexander & Associates by Sydenham B. Alexander, Jr. and H. William Miller, Jr., Chapel Hill, for plaintiffs-appellants.

Smith, Patterson, Follin, Curtis, James & Harkavy by Donnell Van Noppen III, Raleigh, and Northern & Little by J. Anderson Little, Chapel Hill, for defendants-appellees.

PARKER, Judge.

The sole issue before us is whether the trial judge erred in dismissing plaintiffs' complaint pursuant to G.S. 1A-1, Rule 12(b)(6). A complaint should not be dismissed for failure to state a claim, unless it appears beyond doubt that plaintiff can prove no set of facts which would entitle him to relief. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). A complaint must be dismissed...

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