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FORSYTH MEMORIAL HOSPITAL, INC. v. ARMSTRONG WORLD IND., INC.

No. 9121SC305.

418 S.E.2d 529 (1992)

107 N.C. App. 110

FORSYTH MEMORIAL HOSPITAL, INC., a North Carolina Nonprofit Corporation, and Carolina Medicorp, Inc., a North Carolina Nonprofit Corporation, Plaintiffs, v. ARMSTRONG WORLD INDUSTRIES, INC., a Pennsylvania Corporation, Defendant.

Court of Appeals of North Carolina.

July 21, 1992.

Attorney(s) appearing for the Case

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by Michael W. Patrick, Chapel Hill, for plaintiffs-appellants.

Hutchins, Tyndall, Doughton & Moore by H. Lee Davis, Jr. and Thomas J. Doughton, Winston-Salem, for defendant-appellee.

EAGLES, Judge.

On appeal plaintiffs contend that the superior court erred in granting defendant's Rule 12(b)(6) motion to dismiss. The issues we must decide are first which statute of repose is applicable to plaintiffs' claims and second whether the complaint reveals on its face that plaintiffs' claims are barred. We hold that G.S. 1-50(5) applies and that plaintiffs' claims are barred.

I.

Plaintiffs argue that G.S. 1-50(5) applies in this situation...

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