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STATE v. WEST

No. 761SC288.

229 S.E.2d 826 (1976)

STATE of North Carolina v. B. C. WEST, Jr.

Court of Appeals of North Carolina.

November 17, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Special Deputy Atty. Gen. T. Buie Costen, and Asst. Atty. Gen., Thomas M. Ringer, Jr., Raleigh, for the State.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin, by Dewey W. Wells, Elizabeth City, for defendant.

MARTIN, Judge.

It appears that plaintiff complied with G.S. 1A-1, Rule 7(b)(1), requiring that motions made prior to a hearing or trial be in writing, and G.S. 1A-1, Rule 56(c) relating to service of motions for summary judgment. The record does not reveal that defendant filed affidavits in opposition to plaintiff's motion.

Under Rule 56(e)

"[w]hen a motion for summary judgment is made and supported as provided in this rule, an adverse party may not...

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