NORFOLK & WESTERN RY. CO. v. WERNER INDUSTRIES, INC.

No. 7421SC61.

203 S.E.2d 321 (1974)

21 N.C. App. 116

NORFOLK AND WESTERN RAILWAY COMPANY v. WERNER INDUSTRIES, INC.

Court of Appeals of North Carolina.

Certiorari Allowed May 8, 1974.


Attorney(s) appearing for the Case

Craige, Brawley by C. Thomas Ross, Winston-Salem, for plaintiff appellant.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter and William F. Womble, Jr., Winston-Salem, for defendant appellee.


Certiorari Allowed by Supreme Court May 8, 1974.

HEDRICK, Judge.

The sole question presented on this appeal is whether the pleadings, affidavits, interrogatories, and other exhibits introduced show that there is no genuine issue as to any material fact and that defendant is entitled to judgment as a matter of law. G.S. § 1A-1, Rule 56(c), Rules of Civil Procedure. Determination of whether summary judgment was correctly entered in this case involves a...

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