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BRITT v. BRITT

No. 7510SC133.

215 S.E.2d 172 (1975)

26 N.C. App. 132

Betty Lou BRITT v. Brian B. BRITT et al.

Court of Appeals of North Carolina.

June 4, 1975.

Attorney(s) appearing for the Case

Clayton, Myrick, McCain & Oettinger by Grover C. McCain, Jr., Durham, for plaintiff-appellant.

H. Spencer Barrow, Raleigh, for defendants Thomas O. Britt and Malcolm V. Britt, appellees.

Gulley & Green by Jack P. Gulley, Raleigh, for defendant Brian B. Britt, appellee.

William A. Bason, Trustee, in pro per., defendant-appellee.

MORRIS, Judge.

The only question raised by plaintiff's appeal is whether the court properly allowed defendants' motion for summary judgment. The purpose of the motion for summary judgment is to determine prior to trial whether there is any genuine issue with respect to any material fact and, if not, to provide for an early and effective disposition of the matter.

"An issue is material if the facts alleged would constitute a legal defense, or would affect...

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