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ROBINSON v. McMAHAN

No. 7128SC293.

181 S.E.2d 147 (1971)

11 N.C. App. 275

Robert C. ROBINSON v. Sherrill D. McMAHAN and Coca-Cola Bottling Company of Asheville, North Carolina, and U. S. Plywood-Champion Papers, Inc.

Court of Appeals of North Carolina.

May 26, 1971.

Attorney(s) appearing for the Case

S. Thomas Walton, Asheville, for plaintiff appellee.

Van Winkle, Buck, Wall, Starnes & Hyde by O. E. Starnes, Jr., Ashville, for defendant appellants.

PARKER, Judge.

It is not the purpose of the summary judgment procedure to resolve disputed material issues of fact, but rather to determine if such issues exist. "The purpose of the Summary judgment procedure provided by Rule 56 of the Rules of Civil Procedure is to ferret out those cases in which there is no genuine issue as to any material fact and in which, upon such undisputed facts, a party is entitled to judgment as a matter of law. The burden is upon the moving...

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