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MEHERRIN INDIAN TRIBE v. LEWIS

No. COA08-928.

677 S.E.2d 203 (2009)

MEHERRIN INDIAN TRIBE, Dorothy Lee, Jonathan Caudill, Margo Howard, Abby Reid, Theresa Langston, Wayne Melton, Wayne Brown, and Kelly Brown, Plaintiffs, v. Thomas LEWIS, Ernest Poole, Diane Byrd, Aaron Winston, Terry Hall, Patrick Riddick, Janet L. Chavis, Doug Patterson, Denyce Hall, Dorothy Melton, and Beverly Melton, Defendants.

Court of Appeals of North Carolina.

June 2, 2009.

Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, for plaintiff-appellees.

Patterson Dilthey, LLP, by Edward K. Brooks, Raleigh, for defendant-appellants.

ROBERT N. HUNTER, JR., Judge.

Thomas Lewis, et al. (collectively, "defendants") appeal an order entered 8 May 2008, which denied their motion to dismiss based on N.C. Gen.Stat. § 1A-1, Rule 12(b)(1), (2), and (6). We affirm the trial court's dismissal of the Rule 12(b)(2) and (6) motions and dismiss the appeal of the Rule 12(b)(1) motion as interlocutory.

I. Background

The Meherrin Indian Tribe ("the Tribe") is composed of the...

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