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BADGER v. BENFIELD

No. 8524SC295.

337 S.E.2d 596 (1985)

David R. BADGER and R. Keith Johnson v. Ronald J. BENFIELD.

Court of Appeals of North Carolina.

December 17, 1985.

Attorney(s) appearing for the Case

Badger, Johnson, Chapman & Michael, P.A. by David R. Badger and R. Keith Johnson, Charlotte, for plaintiffs.

Womble Carlyle Sandridge & Rice by Allan R. Gitter and William A. Blancato, Winston-Salem, and Kathryn G. Hemphill, Newland, for defendant.

WELLS, Judge.

Plaintiffs argue that their complaint is legally sufficient to state a claim upon which relief can be granted and that the court erred in dismissing it. A complaint should not be dismissed for failure to state a claim unless it appears to a certainty that the plaintiff is entitled to no relief under any state of facts which could be proved in support of his claim. Sutton v. Duke, 277...

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