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ECONO-TRAVEL MOTOR HOTEL CORP. v. TAYLOR

No. 20.

271 S.E.2d 54 (1980)

301 N.C. 200

ECONO-TRAVEL MOTOR HOTEL CORPORATION, Plaintiff, v. John M. TAYLOR, Edgar M. Holt and Charles P. Fletcher, T/A Taylor-Holt-Fletcher, a partnership and John M. Taylor, Barbara B. Taylor, Edgar M. Holt, Gustana Holt, Charles P. Fletcher and Juanita U. Fletcher, Individually, Defendants, and Charles P. FLETCHER and wife, Juanita U. Fletcher, Third Party Plaintiffs, v. FOREMANS, INC. T/A Allstate Building Supply and Clay B. Foreman, Jr., Third Party Defendants.

Supreme Court of North Carolina.

October 7, 1980.

Attorney(s) appearing for the Case

Wilson & Ellis by J. Kenyon Wilson, Jr., and M. H. Hood Ellis, Elizabeth City, for defendants-appellants.

Walker & Romm by Wilton F. Walker, Currituck, and Robert E. Brown, Norfolk, Va., for plaintiff-appellee.

COPELAND, Justice.

The sole question presented by this appeal is whether the trial court erred in granting defendant's motion for summary judgment. Summary judgment is properly granted only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. 1A-1, Rule 56(c); Caldwell...

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