Mazzucco v. North Carolina Board of Medical Examiners

CLARK, Judge.

The defendants’ motion under G.S. 1A-1, Rule 12(b)(6) to dismiss for failure of the complaint to state a claim upon which relief can be granted will only be allowed when, under former practice, a demurrer would have been sustained because the complaint affirmatively discloses that the plaintiff had no cause of action against the defendant. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970) ; Brown v. Brown, 21 N.C. App. 435, 204 S.E. 2d 534 (1974).

The Board of Medical Examiners of the State of North Carolina was created by the General Assembly in 1859 “to properly regulate the…