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BROWN v. BROWN

No. 7415DC58.

204 S.E.2d 534 (1974)

21 N.C. App. 435

Lou Anna BROWN, v. Arthur W. BROWN.

Court of Appeals of North Carolina.

May 1, 1974.

Attorney(s) appearing for the Case

W. R. Dalton, Jr., Burlington, for plaintiff appellant.

Long, Ridge & Long by James E. Long, Graham, for defendant appellee.

CAMPBELL, Judge.

The North Carolina Supreme Court laid down the rule to be followed in ruling on motions under Rule 12(b)(6) in Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970) where the Court stated:

"Under the `notice theory of pleading' a statement of claim is adequate if it gives sufficient notice of the claim asserted `to enable the adverse party to answer and prepare for trial, to...

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