LINEBERGER v. COLONIAL LIFE & ACCIDENT INSURANCE CO.

No. 7127DC421.

182 S.E.2d 643 (1971)

12 N.C. App. 135

Joe C. LINEBERGER v. COLONIAL LIFE & ACCIDENT INSURANCE COMPANY.

Court of Appeals of North Carolina.

August 4, 1971.


Attorney(s) appearing for the Case

Tim L. Harris by Don H. Bumgardner, Gastonia, for plaintiff appellant.

Hollowell, Stott & Hollowell by L. B. Hollowell, Jr., Gastonia, for defendant appellee.


GRAHAM, Judge.

The only evidence possibly justifying the entry of summary judgment for defendant arose from statements made by several examining physicians in the letters produced by plaintiff for defendant's examination and copying. These letters were not under oath and could therefore not be considered as affidavits. Ogburn v. Sterchi Brothers Stores, Inc., 218 N.C. 507, 11 S.E.2d 460.

The letters were lacking in still another respect. G.S. § 1A-1,...

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