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PREVETTE v. FORSYTH COUNTY

No. 9221SC622.

431 S.E.2d 216 (1993)

110 N.C. App. 749

Hannah Logan PREVETTE, Administratrix of the Estate of Hoke Lane Prevette, Jr., Deceased, Plaintiff, v. FORSYTH COUNTY; Forsyth County Animal Control Department; Forsyth County Animal Control Shelter; Jerry Canady, as Director of the Forsyth County Animal Control Shelter; Jerry Canady, Individually; and R.M. Swafford, Individually, Defendants.

Court of Appeals of North Carolina.

July 6, 1993.

Attorney(s) appearing for the Case

White and Crumpler by Dudley A. Witt and Teresa L. Hier, Winston-Salem, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice by Allan R. Gitter and Ellen M. Gregg, Winston-Salem, for defendants-appellees.

WELLS, Judge.

As her sole assignment of error, plaintiff contends that the trial court improperly granted defendants' motion to dismiss for failure to state a claim upon which relief can be granted. In Jackson v. Bumgardner, 318 N.C. 172, 347 S.E.2d 743 (1986), our Supreme Court stated the standard of review applicable to the case now before us as follows:

On a motion to dismiss for failure to state a claim upon...

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