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WACHOVIA BANK & TRUST v. PEACE BRDCAST. CORP.

No. 768SC746.

233 S.E.2d 687 (1977)

32 N.C. App. 655

WACHOVIA BANK & TRUST COMPANY v. PEACE BROADCASTING CORPORATION et al.

Court of Appeals of North Carolina.

April 6, 1977.

Attorney(s) appearing for the Case

Smith, Everett & Womble by W. Harrell Everett, Jr., Goldsboro, for plaintiff.

Freeman & Edwards by George K. Freeman, Jr., and James A. Vinson, III, Goldsboro, for defendants.

MARTIN, Judge.

We repeat again what we have said many times, that, in passing upon a motion for summary judgment pursuant to G.S. 1A-1, Rule 56, the court does not decide facts but makes a determination as to whether an issue which is germane to the action exists. Leasing Inc. v. Dan-Cleve Corp., 31 N.C. App. 634, 230 S.E.2d 559 (1976);

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