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FLAHERTY v. HUNT

No. 8510SC818.

345 S.E.2d 426 (1986)

David T. FLAHERTY and Tom Hannon v. James B. HUNT, Jr. and James G. Martin, Governor.

Court of Appeals of North Carolina.

July 15, 1986.

Attorney(s) appearing for the Case

Harrell, Titus & Wright by Richard C. Titus, Raleigh, for plaintiffs-appellees.

Kirby, Wallace, Creech, Sarda & Zaytoun by John R. Wallace, and Kimzey, Smith, McMillan & Roten, by Russell W. Roten, Raleigh, for defendant-appellant.

WELLS, Judge.

The threshold question we must decide is whether this appeal should be dismissed. Ordinarily, a denial of a N.C.Gen. Stat. § 1A-1, Rule 12(b)(6) motion to dismiss for failure to state a claim is an interlocutory order from which no immediate appeal may be taken. State v. School, 299 N.C. 351, 261 S.E.2d 908, aff'd on rehearing, 299 N.C. 731, 265 S...

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