KITCHEN v. WACHOVIA BANK & TRUST CO., N.A.

No. 798SC404.

260 S.E.2d 772 (1979)

44 N.C. App. 332

Dottie Eileen KITCHEN v. WACHOVIA BANK & TRUST COMPANY, N.A.

Court of Appeals of North Carolina.

December 18, 1979.


Attorney(s) appearing for the Case

Duke & Brown by John E. Duke, and Hulse & Hulse by Herbert B. Hulse, Goldsboro, for plaintiff-appellant.

Taylor, Warren, Kerr & Walker by Robert D. Walker, Jr., Goldsboro, for defendant-appellee.


HARRY C. MARTIN, Judge.

The rules governing the propriety or impropriety of granting summary judgment under Rule 56 are set forth in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971). It will serve no useful purpose to repeat them here. Reviewing the record on appeal before us in this case, we hold the entry of summary judgment was inappropriate and reverse.

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