NEWS AND OBSERVER PUB. CO. v. COBLE

No. COA97-503.

494 S.E.2d 784 (1998)

The NEWS AND OBSERVER PUBLISHING COMPANY, INC.; Capitol Broadcasting Company, Inc.; ABC, Inc.; National Broadcasting Company; WLFL, Inc.; North Carolina Press Association; and North Carolina Association of Broadcasters, Inc. v. Paul COBLE; Tom Fetzer; Marc Scruggs, Jr.; and Kieran Shanahan.

Court of Appeals of North Carolina.

January 6, 1998.


Attorney(s) appearing for the Case

Everett, Gaskins, Hancock & Stevens by Hugh Stevens, Raleigh and Amanda Martin, Charlotte, for plaintiff-appellants.

Brooks, Pierce, McLendon. Humphrey & Leonard, L.L.P. by Wade H. Hargrove, Mark J. Prak, Raleigh and Wayne A. Logan, Greensboro, for plaintiff-appellants.

Eugene Boyce, Raleigh, for defendant-appellees.


EAGLES, Judge.

We first consider whether the trial court erred in granting defendants' motion to dismiss for failure to state a claim for which relief can be granted. The question for the trial court on a motion to dismiss under Rule 12(b)(6) is "whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not." Harris v. NCNB...

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