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MOORE v. FIELDCREST MILLS, INC.

No. 43.

251 S.E.2d 419 (1979)

296 N.C. 467

Floyd MOORE v. FIELDCREST MILLS, INC. and Monsanto Company.

Supreme Court of North Carolina.

February 5, 1979.

Attorney(s) appearing for the Case

Narron, Holdford, Babb, Harrison & Rhodes, P.A. by William H. Holdford, Wilson, attys., for plaintiff-appellant.

Young, Moore, Henderson & Alvis by R. Michael Strickland, Raleigh, attys., for Fieldcrest Mills, Inc., defendant-appellee.

Connor, Lee, Connor, Reece & Bunn by John M. Reece, Wilson, attys., for Monsanto Co., defendant-appellee.

HUSKINS, Justice:

Legal principles applicable to summary judgment are discussed in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971), and have been applied in many cases by this Court. Authoritative decisions, both state and federal, interpreting and applying Rule 56 hold that the party moving for summary judgment has the burden of "clearly establishing the lack of any triable issue of fact by the record properly...

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