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MIDGETTE v. PATE

No. 888SC1006.

380 S.E.2d 572 (1989)

Doris MIDGETTE v. Larry Ed PATE and wife, Rebecca Pate, Town of Snow Hill, North Carolina, Melvin Oliver, in his capacity as Mayor of the Town of Snow Hill, R. Ben Rayford, Paul Miller, Lionel Moore, Norman C. Lewis and Lloyd Foreman, Jr. in their capacity as Commissioners of the Town of Snow Hill, and Harrell Manning, in his capacity as Zoning Administrator of the Town of Snow Hill.

Court of Appeals of North Carolina.

July 5, 1989.

Attorney(s) appearing for the Case

H. Jack Edwards, Goldsboro, for plaintiff-appellant.

James R. Fitzner, Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendants-appellees.

George Lee Jenkins, Kinston, for defendants-appellees Larry Ed Pate and wife, Rebecca Pate.

ARNOLD, Judge.

Plaintiff appeals the trial court's dismissing her complaint for failure to state a claim on which relief can be granted pursuant to N.C.R.Civ.P. 12(b)(6), N.C.G.S. § 1A-1.

A plaintiff's complaint setting forth a claim for relief must include:

(1) A short and plain statement of the claim sufficiently particular to give the court and the parties notice of the transactions, occurrences, or series of transactions or occurrences, intended...

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