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SHOOK BUILDERS SUPPLY v. EASTERN ASSOCIATES

No. 7425SC898.

211 S.E.2d 472 (1975)

24 N.C. App. 533

SHOOK BUILDERS SUPPLY COMPANY v. EASTERN ASSOCIATES, INC., et al.

Court of Appeals of North Carolina.

February 5, 1975.

Attorney(s) appearing for the Case

Tate, Weathers & Young by E. Murray Tate, Jr., Hickory, for plaintiff appellee.

Sowers, Avery & Crosswhite by William E. Crosswhite, Statesville, for defendants appellants.

ARNOLD, Judge.

Rule 56(c) of the North Carolina Rules of Civil Procedure provides in part that summary judgment shall issue "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." The moving party has the burden of showing that there is no triable issue of

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