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SHEARIN v. NATIONAL INDEMNITY COMPANY.

No. 757SC224.

218 S.E.2d 207 (1975)

27 N.C. App. 88

Leon SHEARIN v. NATIONAL INDEMNITY COMPANY.

Court of Appeals of North Carolina.

October 1, 1975.

Attorney(s) appearing for the Case

Biggs, Meadows, Batts & Winberry by Samuel W. Johnson, Rocky Mount, for plaintiff-appellee.

Barden, Stith, McCotter & Stith by F. Blackwell Stith, New Bern, for defendant-appellant.

PARKER, Judge.

This appeal presents the question whether under the Constitution and laws of this State a summary judgment may be granted in favor of the party having the burden of proof when his right to recover depends upon the credibility of his witnesses. On authority of Cutts v. Casey, 278 N.C. 390, 180 S.E.2d 297 (1971), we conclude that the...

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