EMBREE CONST. GROUP v. RAFCOR, INC.

No. 8926SC587.

388 S.E.2d 604 (1990)

EMBREE CONSTRUCTION GROUP, INC. v. RAFCOR, INC., United Carolina Bank, Anthony J. Sapienza, Ronald Thomas Tedesco and Frederick Anthony Occhino.

Court of Appeals of North Carolina.

February 20, 1990.


Attorney(s) appearing for the Case

Perry, Patrick, Farmer & Michaux by Roy H. Michaux, Jr. and Timothy E. Cupp, Charlotte, for plaintiff-appellant.

Petree Stockton & Robinson by Jackson N. Steele, Charlotte, for defendant-appellee United Carolina Bank.

Casstevens, Hanner, Gunter & Gordon by Marc R. Gordon, Charlotte, for defendant-appellees Tedesco and Occhino.


PHILLIPS, Judge.

Accepting the foregoing allegations as true, as we must since the sufficiency of a complaint to state a claim for relief is being determined, Smith v. Ford Motor Co., 289 N.C. 71, 221 S.E.2d 282 (1976), and bearing in mind that complaints may not be dismissed for not stating a claim under Rule 12(b)(6), N.C. Rules of Civil Procedure, unless it appears "to a certainty that plaintiff...

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