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FRANK v. SAVAGE

No. COA09-1413.

695 S.E.2d 509 (2010)

Tamera FRANK & Peter Franklin, Plaintiffs, v. Walter SAVAGE, Jerri Storie & Johnny Riddle in their capacity as Yancey County Commissioners; The Yancey County Board of Commissioners; Nathan Bennett, in his capacity as Yancey County Manager; Jason Robinson, Jerri Storie, Cathy King, Elaine Boone, & Judy Buchanan in their capacity as Members of the Yancey County Department of Social Services Board of Directors; & The Yancey County Department of Social Services Board of Directors, Defendants.

Court of Appeals of North Carolina.

July 6, 2010.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, by Robert A. Leandro and Elizabeth A. Magee, Raleigh, for plaintiffs-appellants.

Donny J. Laws, Burnsville, for defendants-appellees.

WYNN, Judge.

"In ruling upon a Rule 12(b)(6) motion, the trial court . . . should not dismiss the action unless it appears to a certainty that plaintiff is entitled to no relief under any statement of facts which could be proved in support of the claim."1 In the present case, the trial court granted Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiffs Tamera Frank and Peter Franklin's complaint. Treating Plaintiffs allegations as true...

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