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AL-HOURANI v. ASHLEY

No. COA96-580.

485 S.E.2d 887 (1997)

Amjad AL-HOURANI, Administrator of the Estate of Walid Al-Hourani, v. Leeann ASHLEY and Taylor Oil Company, a Corporation.

Court of Appeals of North Carolina.

June 17, 1997.

Attorney(s) appearing for the Case

Karl E. Knudsen, Raleigh, for plaintiff-appellant.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Mary M. McHugh, Raleigh and Edward Hausle, Greenville, for defendant-appellees.

ARNOLD, Chief Judge.

The sole issue on appeal is whether the trial court correctly granted defendants' motion to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted. See N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) (1990). We find that the dismissal was proper.

"The test on a motion to dismiss for failure to state a claim upon which relief can be granted is whether the...

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