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BOTTOM v. BAILEY

No. COA14-564.

767 S.E.2d 883 (2014)

David BOTTOM and Krystal Dawn Sanchez Bottom, Plaintiffs, v. James W. BAILEY, Jr., 1031 Exchange Services, LLC, Hometrust Bank, a federally chartered mutual savings bank, and Morgan Stanley Smith Barney, Defendants.

Court of Appeals of North Carolina.

December 31, 2014.

Attorney(s) appearing for the Case

Fisher Stark Cash, P.A., Ashevile, by W. Perry Fisher, II , Brad A. Stark and Colin A. McCormick , for plaintiff-appellants.

Moore & Van Allen PLLC, Charlotte, by Mark A. Nebrig and M. Cabell Clay , and Greenberg Traurig, P.A., by Bradford D. Kaufman (pro hac vice) and Joseph C. Coates, III (pro hac vice), for defendant-appellee Morgan Stanley Smith Barney.

Where plaintiffs' complaint, viewed as admitted, failed to state a claim against defendant upon which relief may be granted, the trial court did not err in granting defendant's motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, with prejudice.

I. Factual and Procedural History...

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