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BROOKS v. SMITH

No. 759SC375.

218 S.E.2d 489 (1975)

27 N.C. App. 223

Alexander Simon BROOKS v. Hill Alston SMITH.

Court of Appeals of North Carolina.

October 15, 1975.

Attorney(s) appearing for the Case

Hubert H. Senter, Franklinton, for plaintiff appellant.

Boyce, Mitchell, Burns & Smith by Robert E. Smith, Raleigh, for defendant appellee.

CLARK, Judge.

In the order denying plaintiff's oral motions to continue the summary judgment hearing and to suppress the deposition of Gary Goodwin, the trial court found the plaintiff had been served with notice of the hearing and with the Goodwin deposition, as provided by G.S. 1A-1, Rule 56(c). The findings were fully supported. Plaintiff's claim that he had witnesses available for trial, who would offer evidence of defendant's negligence and injury to the plaintiff...

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