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AUSTIN v. WILDER

No. 7418SC1090.

215 S.E.2d 794 (1975)

26 N.C. App. 229

Z. W. AUSTIN v. Welles WILDER and Odell Bartlett.

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Smith, Carrington, Patterson, Follin & Curtis by Marion G. Follin, III, Greensboro, for plaintiff-appellee.

Smith, Moore, Smith, Schell & Hunter by James A. Medford, Greensboro, for defendants-appellants.

PARKER, Judge.

Defendants assign error to the granting of plaintiff's motion for summary judgment. A careful examination of the record, which consists of pleadings and exhibits, answers to interrogatories, and affidavits, discloses that entry of summary judgment for the plaintiff was improper.

Entry of summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that...

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