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MITCHELL v. K. W. D. S., INC.

No. 7514SC68

216 S.E.2d 408 (1975)

26 N.C. App. 409

Debra L. MITCHELL by her Guardian Ad Litem, Donald Mitchell v. K.W.D.S., INC. (a North Carolina Corporation).

Court of Appeals of North Carolina.

Certiorari Denied August 25, 1975.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, P. A. by Victor S. Bryant, Jr., Durham, for plaintiff appellant.

Spears, Spears, Barnes, Baker & Boles by J. Bruce Hoff, Durham, for defendant appellee.

Certiorari Denied by Supreme Court August 25, 1975.

PARKER, Judge.

Irrespective of who has the burden of proof at trial upon issues raised by the pleadings, upon a motion for summary judgment the burden is on the movant to establish that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Savings & Loan Assoc. v. Trust Co., 282 N.C. 44

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