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MITCHELL v. REPUBLIC BANK & TRUST CO.

No. 7726SC148.

239 S.E.2d 867 (1978)

Mert L. MITCHELL, Receiver of Office Supply Company, Inc., Plaintiff, v. REPUBLIC BANK & TRUST COMPANY, Defendant and Third Party Plaintiff, v. WEATHERS BROS. OFFICE EQUIPMENT CO., Third Party Defendant.

Court of Appeals of North Carolina.

January 17, 1978.

Attorney(s) appearing for the Case

Joseph L. Barrier, Charlotte, for plaintiff-appellee.

Tucker, Moon & Hodge by John E. Hodge, Jr., Charlotte, for defendant-appellant.

ARNOLD, Judge.

The sole question presented by this appeal is whether the trial court erred in granting plaintiff's motion for summary judgment. Summary judgment, of course, is appropriate when there is no genuine issue as to any material fact in the claim for relief. G.S. 1A-1, Rule 56. Defendant argues that there was a genuine issue as to plaintiff's actual loss in the transaction and that, until plaintiff established...

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