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BRANDIS v. LIGHTMOTIVE FATMAN, INC.

No. 935SC523.

443 S.E.2d 887 (1994)

Joist B. BRANDIS, North Carolina, Plaintiff, v. LIGHTMOTIVE FATMAN, INC., Maurice L'Espinoso, as agent for corporation and in his individual capacity, Defendants.

Court of Appeals of North Carolina.

June 7, 1994.

Attorney(s) appearing for the Case

Stevens, McGhee, Morgan, Lennon & O'Quinn by Alan E. Toll, Wilmington, for plaintiff-appellant.

Burney, Burney & Jones by John J. Burney, Jr., Wilmington, for defendant-appellee Lightmotive Fatman, Inc.

EAGLES, Judge.

Plaintiff argues that the trial court erred in granting the G.S. 1A-1, Rule 12(b)(6) motion as to all of plaintiff's claims against defendant Lightmotive Fatman, Inc. We affirm in part and reverse in part.

I.

Plaintiff argues that the trial court erred in granting defendant's G.S. 1A-1, Rule 12(b)(6) motion as to the breach of contract claim. We agree and accordingly reinstate plaintiff's breach of contract claim.

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