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GRESS v. ROWBOAT CO., INC.

No. COA07-961.

661 S.E.2d 278 (2008)

Stephen P. GRESS, Plaintiff, v. The ROWBOAT COMPANY, INC., and C&C Grading, Inc., Defendants.

Court of Appeals of North Carolina.

June 3, 2008.

Attorney(s) appearing for the Case

Templeton & Raynor, P.A., by Kenneth R. Raynor, Charlotte, for plaintiff appellee.

Homesley, Jones, Gaines, Dudley, Childers, McLurkin & Donaldson, PLLC, by Mark L. Childers, Mooresville, for defendant appellants.

McCULLOUGH, Judge.

The sole issue before us is whether the trial court properly dismissed defendants' counterclaim asserting that plaintiff engaged in unfair and deceptive trade practices pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. "In our review of the dismissal of this action pursuant to [N.C. Gen.Stat. § 1A-1,] Rule 12(b)(6) [(2007)], we must consider the allegations of plaintiff's complaint as true." Arroyo v. Scottie's Professional...

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