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PLANTERS NATIONAL BANK & TRUST COMPANY v. RUSH

No. 7319SC117.

195 S.E.2d 96 (1973)

17 N.C. App. 564

The PLANTERS NATIONAL BANK & TRUST COMPANY v. Dale RUSH and wife, Mary Sue Rush.

Court of Appeals of North Carolina.

March 14, 1973.

Attorney(s) appearing for the Case

Coltrane & Gavin by T. Worth Coltrane, Asheboro, for plaintiff.

Ottway Burton, Asheboro, for defendants.

BROCK, Judge.

Defendants assign as error plaintiff's failure to comply with Rule 56(c) of the North Carolina Rules of Civil Procedure which provides in part: "The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits." (Emphasis added).

Rule 6(a) of the Rules of Civil Procedure provides:

"In computing any period of time prescribed or...

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