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COCKERHAM-ELLERBEE v. TOWN OF JONESVILLE

No. COA05-576.

626 S.E.2d 685 (2006)

Vernetta Marie COCKERHAM-ELLERBEE, Individually and as Administratrix of the Estate of Candice Cockerham, Plaintiff, v. The TOWN OF JONESVILLE, d/b/a The Jonesville Police Department, Scott Vestal and Lee Gwyn, Defendants.

Court of Appeals of North Carolina.

March 7, 2006.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy & Kennedy, L.L.P., by Harvey L. Kennedy and Harold L. Kennedy, III, Winston-Slem, for plaintiff-appellee.

Moss, Mason, and Hill, by Matthew L. Mason and William L. Hill, Greensboro, for defendants-appellants.

STEELMAN, Judge.

Defendants appeal the trial court's order denying their motion to dismiss. For the reasons discussed herein, we affirm the ruling of the trial court.

When reviewing the trial court's denial of a motion to dismiss, we must treat all of the factual allegations contained in the plaintiff's complaint as true. Lane v. City of Kinston, 142 N.C. App. 622, 624, 544 S.E.2d 810

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