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WARREN v. COLOMBO

No. 878SC1258.

377 S.E.2d 249 (1989)

Jasper WARREN, Jr., Administrator of the Estate of Robert Warren, Plaintiff-Appellant, v. Michael COLOMBO, Administrator of the Estate of Karson Lee Conger, Deceased; Military Distributors of Virginia, Inc. and Thomas as Built Buses, Inc., Defendants-Appellees.

Court of Appeals of North Carolina.

March 7, 1989.

Attorney(s) appearing for the Case

Taft, Taft & Haigler by Thomas F. Taft, Kenneth E. Haigler, Robert H. Hochuli, Jr. and James M. Stanley, Jr., Greenville, for plaintiff-appellant.

Sumrell, Sugg, Carmichael & Ashton, by James R. Sugg and Rudolph A. Ashton, III, New Bern, for defendant-appellee Thomas Built Buses, Inc.

ORR, Judge.

The trial court dismissed plaintiff's claims under G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The test on a motion under this rule is whether the pleading is legally sufficient, and the trial court must treat the allegations of the challenged pleading as true. Azzolino v. Dingfelder, 71 N.C. App. 289, 322 S.E.2d 567 (1984), aff'd in part, rev'd in part,

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