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FISCHER INV. CAPITAL v. CATAWBA DEVELOPMENT

No. COA08-1407.

689 S.E.2d 143 (2009)

FISCHER INVESTMENT CAPITAL, INC., Plaintiff, v. CATAWBA DEVELOPMENT CORPORATION, Ridgeline Real Estate Corporation, Mark W. Lewis and Debra D. Lewis a/k/a Debra Downs Lewis a/k/a Debra Downs, Defendants.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., by Robert E. Harrington, Charlotte, for Plaintiff-Appellant.

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Michelle D. Rippon and Craig D. Justus, Asheville, for Defendant-Appellees Ridgeline Real Estate Corporation and Debra D. Lewis.

ERVIN, Judge.

Fischer Investment Capital, Inc. (Plaintiff), appeals from judgment entered 28 July 2008 granting Defendants' motion to dismiss for failure to state a claim for which relief can be granted pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6). After careful consideration of the allegations of Plaintiff's complaint in light of the applicable law, we reverse the trial court's order dismissing Plaintiff's complaint and remand this case to the Buncombe County...

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