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WARREN v. HALIFAX COUNTY

No. 876SC1035.

368 S.E.2d 47 (1988)

Thomas Braxton WARREN v. HALIFAX COUNTY v. Dennis Austin ROSE, Jr. and Wife, Jane R. Rose.

Court of Appeals of North Carolina.

May 17, 1988.

Attorney(s) appearing for the Case

J. Michael Weeks, Zebulon, P.A., for plaintiff, appellant.

James & Wellman by W. Turner Stephenson, Weldon, for defendant, appellee Halifax County.

Parker and Parker by Rom B. Parker, Jr., Enfield, for defendants, appellees Dennis Austin Rose, Jr., and Jane R. Rose.

HEDRICK, Chief Judge.

The one question presented on this appeal is whether the trial court erred by dismissing the action for failure to state a claim for which relief could be granted pursuant to Rule 12(b)(6). In ruling on a motion pursuant to Rule 12(b)(6) the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for...

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