RODGERSON v. DAVIS

No. 752DC387.

218 S.E.2d 471 (1975)

27 N.C. App. 173

Haywood RODGERSON, Jr., et al. v. Robert L. DAVIS et al.

Court of Appeals of North Carolina.

Discretionary Review Denied December 2, 1975.


Attorney(s) appearing for the Case

Carter & Archie by W. B. Carter, Jr., Washington, for plaintiffs-appellants and appellees.

Ward, Tucker, Ward & Smith, P.A. by C. H. Pope, Jr., New Bern, for defendants-appellants and appellees, Robert L. Davis and wife, Helen P. Davis.


Discretionary Review Denied by Supreme Court December 2, 1975.

CLARK, Judge.

This is an exceptional case in that with incompatible claims both plaintiffs and defendants move for summary judgment, and yet there is no genuine issue of material fact which would make summary judgment inappropriate under G.S. 1A-1, Rule 56. None of the parties excepts to the conclusion of law in the judgment appealed from that "as between the plaintiffs and the defendants there...

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