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GANT v. NCNB NAT. BANK OF NORTH CAROLINA

No. 8826SC906.

379 S.E.2d 865 (1989)

Cornelia Belk GANT v. NCNB NATIONAL BANK OF NORTH CAROLINA.

Court of Appeals of North Carolina.

June 6, 1989.

Attorney(s) appearing for the Case

James, McElroy and Diehl, by William K. Diehl, Jr. and J. Mitchell Aberman, Charlotte, for plaintiff-appellant.

Adams, Kleemeier, Hagan, Hannah and Fouts by Charles T. Hagan, III, and J. Alexander S. Barrett, Greensboro, for defendant-appellee.

EAGLES, Judge.

Plaintiff argues on appeal that the trial court erred in dismissing her complaint. After careful consideration of the record on appeal and the applicable law, we agree in part.

A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of the complaint. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). In order to withstand...

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