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SIMMS v. PRUDENTIAL LIFE INS. CO.

No. COA99-1130.

537 S.E.2d 237 (2000)

Dudley L. SIMMS, III, John L. Simms, DLS Family Investment Partnership, and JLS Family Investment Partnership, Plaintiffs, v. PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA and Larry G. Frazier, Defendants.

Court of Appeals of North Carolina.

November 7, 2000.

Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, LLP, by Seth R. Cohen, Greensboro, for plaintiff-appellants.

Smith Helms Mulliss & Moore, L.L.P., by Benjamin F. Davis, Jr. and Shannon R. Joseph, Greensboro; Weil, Gotshal & Manges, LLP, by Greg A. Danilow, New York, NY, for defendant-appellee Prudential Insurance Company of America.

F. Kevin Mauney, Winston-Salem, for defendant-appellee Larry G. Frazier.

HUNTER, Judge.

Plaintiff-appellants Dudley L. Simms, III, John L. Simms, DLS Family Investment Partnership, and JLS Family Investment Partnership (collectively "plaintiffs") appeal the trial court's orders of 16 June 1999, allowing defendants' Prudential Life Insurance Company of America and Larry G. Frazier (collectively "defendants") motion to dismiss, pursuant to N.C.Gen.Stat. § 1A 1, Rule 12(b)(6). We agree that plaintiffs have failed to state a claim upon...

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