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ALLEN EX REL. ALLEN & BROCK v. FERRERA

No. 99-1253.

540 S.E.2d 761 (2000)

Jimmy ALLEN, individually and as a Director of Allen & Brock Construction, Inc. on Behalf of ALLEN & BROCK CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. Marlene FERRERA, J. Harold Brock, Eddie T. Brock, Jr., Brock Realty, Inc. and Allen & Brock Construction Company, Inc., Defendant-Appellees.

Court of Appeals of North Carolina.

December 29, 2000.

Attorney(s) appearing for the Case

Garris Neil Yarborough, Fayetteville, for plaintiff-appellant.

Beaver Holt Richardson Sternlicht Burge & Glazier, P.A., by Lonnie M. Player, Jr., Fayetteville, and Gregory B. Thompson, Raeford, for defendant-appellees.

McGEE, Judge.

The issue in this case is whether the trial court erred in dismissing plaintiff's claims pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) for failure to satisfy the shareholder derivative action demand requirement of N.C. Gen.Stat. § 55-7-42.

Plaintiff alleges in his complaint that he, an employee of the City of Raeford's utility department with some residential construction experience, formed a company along with defendants Eddie and...

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