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TOUSSAINT v. HAM

22723

292 S.C. 415 (1987)

357 S.E.2d 8

Vincent S. TOUSSAINT and Patricia W. Toussaint, Appellants v. Clem HAM, Individually and as Administrator of Bailey Memorial Hospital and Laurens District Hospital, Russell Emerson, James G. Ferguson, Edward M. Corley, Walter A. Sigman, Jr., W. Paul Culbertson, L.W. McClain, Michael R. Meeks, James L. Walker and Reese H. Young, Individually and as Directors of the Laurens County Health Care System and Laurens County Council, Respondents.

Supreme Court of South Carolina.

Decided May 26, 1987.

Attorney(s) appearing for the Case

Randall M. Chastain, Columbia, and A. Milling Blalock, Clinton, for appellants.

J. Michael Turner, Laurens, for respondents.

Heard April 7, 1987.

Decided May 26, 1987.

Per Curiam:

The circuit court granted respondents' 12(b)(6)1 motion and dismissed appellants' challenge to a bond referendum held in Laurens County. We reverse and remand.

A ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint and the motion cannot be sustained...

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