Kelly v. Briles

MORRIS, Judge.

Plaintiffs’ complaint should be dismissed under Rule 12(b)(6) only if “it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.” (Emphasis deleted.) Sutton v. Duke, 277 N.C. 94, 103, 176 S.E. 2d 161, 166 (1970), quoting 2A Moore’s Federal Practice (2d ed. 1968), § 12.08. We now review the complaint in this action in light of the requirements of Sutton v. Duke to determine whether it states a cause of action under G.S. 74-13 (now repealed) and, if not, whether it states a cause of action on the basis…