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MOORE v. BRYSON

No. 7130SC179.

181 S.E.2d 113 (1971)

11 N.C. App. 260

Kathleen Bryson MOORE and husband, J. Meredith Moore v. T. D. BRYSON, Jr., et al.

Court of Appeals of North Carolina.

May 26, 1971.

Attorney(s) appearing for the Case

Clark & Tanner by David M. Clark, Greensboro, for petitioner appellants.

J. Francis Paschal and E. C. Bryson, Jr., Durham, for defendants appellees.

GRAHAM, Judge.

Summary judgment is an extreme remedy and should be cautiously invoked to the end that parties will always be afforded a trial where there is a genuine dispute of facts between them. United Meat Co. v. Reconstruction Finance Corp., 85 U.S. App.D.C. 9, 174 F.2d 528 (1949). It is proper only when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show...

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