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KUDER v. SCHROEDER

No. 9220DC425.

430 S.E.2d 271 (1993)

110 N.C. App. 355

Cynthia J. KUDER, Plaintiff v. Thomas E. SCHROEDER, Defendant.

Court of Appeals of North Carolina.

June 1, 1993.

Attorney(s) appearing for the Case

Evans and Riffle Law Offices by John B. Evans, Pinehurst, for plaintiff-appellant.

Brown & Robbins by G. Les Burke and Carol M. White, Pinehurst, for defendant-appellee.

WELLS, Judge.

A motion to dismiss pursuant to N.C.Gen.Stat. § 1A-1, Rule 12(b)(6) tests the sufficiency of a complaint to state a claim upon which relief can be granted. See Stanback v. Stanback, 297 N.C. 181, 254 S.E.2d 611 (1979). While the allegations in the complaint must be taken as true, the complaint must nevertheless be sufficient to satisfy the elements of some cognizable claim. Id. See also Harris v. Duke...

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