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HOBBY v. CITY OF DURHAM

No. COA01-619.

569 S.E.2d 1 (2002)

Jeane HOBBY and Keith Hobby, Plaintiffs, v. CITY OF DURHAM and Durham Bulls Baseball Club, Inc., Defendants.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

R. Bradley Miller, Raleigh, for plaintiffs-appellants.

Smith, Helms, Mulliss & Moore, L.L.P., by Alan W. Duncan and Allison Overbay Van Laningham, Greensboro, for defendants-appellees.

THOMAS, J.

Plaintiffs, Jeane Hobby and her husband, Keith Hobby, appeal from an order dismissing their complaint against defendants, the City of Durham and the Durham Bulls Baseball Club, Inc.

The complaint, which is based on a claim that Ms. Hobby was injured by a foul ball during a Durham Bulls baseball game, was determined not to state a claim upon which relief can be granted. We affirm the trial court.

Plaintiffs contend Ms. Hobby was seated in...

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