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BROWN v. BROWN

No. 9218DC1019.

436 S.E.2d 402 (1993)

112 N.C. App. 619

James David BROWN v. Susan Elaine Jones BROWN.

Court of Appeals of North Carolina.

November 16, 1993.

Attorney(s) appearing for the Case

David F. Tamer, Winston-Salem, for plaintiff-appellant.

Clark Wharton & Berry by David M. Clark and Virginia S. Schabacker, Greensboro, for defendant-appellee.

ARNOLD, Chief Judge.

In his sole argument on appeal, Mr. Brown argues the district court erred in dismissing his complaint pursuant to Rule 12(b)(6) of the Rules of Civil Procedure. Mr. Brown contends that his complaint stated a claim upon which relief could be granted and that the court should have allowed the case to proceed to trial. In reviewing a dismissal under Rule 12(b)(6), this Court is guided by the following principles:

The test on a motion to...

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