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BOWMAN v. ALAN VESTER FORD LINCOLN MERCURY

No. COA01-987.

566 S.E.2d 818 (2002)

James and Cathy BOWMAN, Plaintiffs, v. ALAN VESTER FORD LINCOLN MERCURY and Joann Robinson, Defendants/Third Party Plaintiffs, v. Greensboro Auto Auction, Inc. and Mike's Auto Sales, Inc., Third Party Defendants.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Teague, Rotenstreich & Stanaland, L.L.P., by Kenneth B. Rotenstreich and Paul A. Daniels, Greensboro, for defendant/third party plaintiff-appellants.

Randolph and Fischer, by J. Clark Fischer, and Edward L. Powell, Winston-Salem, for third party defendant-appellee Mike's Auto Sales, Inc.

HUDSON, Judge.

Alan Vester Ford Lincoln Mercury and Joann Robinson (collectively, "defendants") appeal from an order of the superior court granting the motion by third-party defendant Mike's Auto Sales, Inc. ("Mike's") to dismiss defendants' third-party complaint for failure to state a claim upon which relief may be granted, see N.C.R. Civ. P. 12(b)(6), and awarding attorneys fees. For the reasons given below, we affirm in part and reverse in part.

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