SAMS v. SARGENT

No. 7410SC1035.

212 S.E.2d 559 (1975)

25 N.C. App. 219

Terrence C. SAMS v. Michael R. SARGENT.

Court of Appeals of North Carolina.

Certiorari Denied May 6, 1975.


Attorney(s) appearing for the Case

Clayton, Myrick, McCain & Oettinger by Grover C. McCain, Jr., Durham, for plaintiff appellant.

Teague, Johnson, Patterson, Dilthey & Clay by Ronald C. Dilthey, Raleigh, for defendant appellee.


Certiorari Denied by Supreme Court May 6, 1975.

MORRIS, Judge.

The sole question presented by this appeal is whether the trial court erred in allowing defendant's motion for summary judgment.

Rule 56 of the Rules of Civil Procedure provides that "[t]he judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue...

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