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BRAWLEY v. HEYMANN

No. 7221SC491.

191 S.E.2d 366 (1972)

16 N.C. App. 125

James O. BRAWLEY v. Dr. Robert C. HEYMANN.

Court of Appeals of North Carolina.

Certiorari Denied December 5, 1972.

Attorney(s) appearing for the Case

White & Crumpler by James G. White and Michael J. Lewis, Winston-Salem, for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson, by R. M. Stockton, Jr., and Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter, Winston-Salem, for defendant appellee.

Certiorari Denied by Supreme Court December 5, 1972.

GRAHAM, Judge.

The party moving for summary judgment has the burden of positively and clearly showing that there is no genuine issue as to any material fact. Singleton v. Stewart, 280 N.C. 460, 186 S.E.2d 400. The court must view the record in the light most favorable to the party opposing the motion, Patterson v. Reid,

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