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SINGLETON v. STEWART

No. 86.

186 S.E.2d 400 (1972)

280 N.C. 460

Broadus E. SINGLETON v. Jack STEWART, Chairman, et al.

Supreme Court of North Carolina.

February 9, 1972.

Attorney(s) appearing for the Case

Cecil C. Jackson, Jr., Asheville, for plaintiff appellant.

William C. Moore; Williams, Morris & Golding, Asheville, for defendants appellees.

BRANCH, Justice.

Rule 56 of Ch. 1A-1 of the General Statutes in part provides:

(b) For defending party.—A party against whom a claim, counterclaim, or crossclaim is asserted or a declaratory judgment is sought, may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof. (c) Motion and proceedings thereon. —The motion shall be served at least ten days...

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