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TREXLER v. K-MART CORPORATION

No. 323PA95.

466 S.E.2d 275 (1966)

342 N.C. 637

Carolyn Dale TREXLER v. K-MART CORPORATION.

Supreme Court of North Carolina.

February 9, 1996.

Attorney(s) appearing for the Case

Wallace and Whitley, P.A. by Michael S. Adkins, Salisbury, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe by Scott M. Stevenson and Allen C. Smith, Charlotte, for defendant-appellant.

Davis, Murrelle & Lumsden, P.A. by Janet M. Lyles, Beaufort, on behalf of North Carolina Academy of Trial Lawyers, amicus curiae.

PER CURIAM.

Based upon the authority of Roumillat v. Simplistic Enters., 331 N.C. 57, 414 S.E.2d 339 (1992), the decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for further remand to the Superior Court, Rowan County, for reinstatement of the trial court's order allowing summary judgment for defendant.

REVERSED...

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