JOHNSON, Judge.
Defendant first assigns as error the trial court's denial of his Rule 12(b)(6), N.C. Rules Civ.P. motion to dismiss plaintiffs' complaint for failure to state a claim upon which relief may be granted. We find error in the trial court's denial of defendant's motion to dismiss.
The test on a motion to dismiss for failure to state a claim upon which relief may be granted is whether the pleading, when liberally construed, is legally sufficient...
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