TRIPP v. FLAHERTY

No. 7515SC263.

218 S.E.2d 709 (1975)

27 N.C. App. 180

Lester W. TRIPP and Betty B. Tripp v. David FLAHERTY, Secretary of the Department of Human Resources, and Annie Laurie Burton, Director of Alamance County Department of Social Services.

Court of Appeals of North Carolina.

October 15, 1975.


Attorney(s) appearing for the Case

Harris & McEntire by W. S. Harris, Jr., Graham, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William Woodward Webb, Raleigh, for defendant-appellee, David Flaherty, Secretary of the Department of Human Resources.

Donnell S. Kelley, Graham, for defendant-appellee, Annie Laurie Burton, Director of Alamance County Department of Social Services.


PARKER, Judge.

Appellant's first contention is that the judgment appealed from is fatally defective because it does not contain an express determination that there is no genuine issue as to any material fact. Summary judgment under G.S. 1A-1, Rule 56 may be rendered only "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...

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