OLD SOUTHERN LIFE INS. CO. v. BANK OF N. C.

No. 7726SC292.

244 S.E.2d 264 (1978)

OLD SOUTHERN LIFE INSURANCE CO. v. BANK OF NORTH CAROLINA, N. A., and All States Life Insurance Company.

Court of Appeals of North Carolina.

April 18, 1978.


Attorney(s) appearing for the Case

James, McElroy & Diehl by James H. Abrams, Jr., Charlotte, for plaintiff appellee.

Griffin, Gerdes, Harris, Mason & Brunson by N. Deane Brunson and C. Michael Wilson, and Fleming, Robinson & Bradshaw by A. Ward McKeithan, Charlotte, for defendant appellant.


BRITT, Judge.

Defendant contends in its sole assignment of error that the trial court erred in granting plaintiff's motion for summary judgment. Defendant argues: (1) that plaintiff was not entitled to summary judgment as a matter of law since it offered no affidavits, depositions or evidence of its unverified allegations which were all denied by defendant; and (2) that plaintiff was not entitled to summary judgment since defendant raised genuine issues of material...

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