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VAN POOLE v. MESSER

No. 7319SC449.

198 S.E.2d 106 (1973)

19 N.C. App. 70

Edwin L. VAN POOLE et al. v. Violet D. MESSER and Ruth E. Dull.

Court of Appeals of North Carolina.

July 25, 1973.

Attorney(s) appearing for the Case

Rutledge & Friday, by Clinton S. Forbis, Jr., Kannapolis, for plaintiff appellees.

Grant & Grant, by Adam C. Grant, Jr., Concord, for defendant appellants.

MORRIS, Judge.

Summary judgment is proper only where there is no genuine issue of material fact, and the moving party is entitled to a judgment as a matter of law. Kiser v. Snyder, 17 N.C. App. 445, 194 S.E.2d 638 (1973), cert. denied, 283 N.C. 257, 195 S.E.2d 689. The party moving for summary judgment has the burden of establishing...

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