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BARRETT v. PHILLIPS

No. 753SC885.

223 S.E.2d 918 (1976)

29 N.C. App. 220

Edgar Luther BARRETT, Jr., Administrator of the Estate of Edgar Luther Barrett, III v. R. Bud PHILLIPS et al.

Court of Appeals of North Carolina.

April 21, 1976.

Attorney(s) appearing for the Case

Mattox & Reid, P. A., by David E. Reid, Jr., Greenville, and Gary B. Davis, for plaintiff-appellant.

Hogue, Hill, Jones, Nash & Lynch, by William L. Hill, II, Wilmington, and Speight, Watson & Brewer, by William C. Brewer, Jr., Greenville, for defendant-appellees.

MARTIN, Judge.

Plaintiff contends the trial judge erred in granting defendants' motion for summary judgment.

"The purpose of summary judgment can be summarized as being a device to bring litigation to an early decision on the merits without the delay and expense of a trial where it can be readily demonstrated that no material facts are in issue. . . The standard for summary judgment is fixed by Rule 56(c). `The judgment sought shall be rendered forthwith...

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