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MOYE v. THRIFTY GAS CO., INC.

No. 781SC370.

252 S.E.2d 837 (1979)

Elnora Regina MOYE, Elnora Marie Moye, Selma Hardy, Charity R. Twine and Hilton Moye v. The THRIFTY GAS CO., INC., Clarence Jones, Gladys Warlick and Williams Energy Company.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Moore & Moore, by Milton E. Moore, Williamston, and Malone, Johnson, Dejarmon & Spaulding, by Albert L. Willis and T. Mdodana Ringer, Jr., Durham, for plaintiffs appellant.

Haywood, Denny & Miller, by George W. Miller, Jr. and David M. Lomas, Durham, for defendant appellees The Thrifty Gas Co., Inc. Clarence Jones, and Gladys Warlick.

Teague, Johnson, Patterson, Dilthey & Clay, by Grady S. Patterson, Jr., Robert W. Sumner and Alene Mercer, Raleigh, for defendant appellee Williams Energy Co.

CARLTON, Judge.

The primary question for determination is whether the trial court erred in allowing the motions for summary judgment.

G.S. 1A-1, Rule 56(c) provides in part as follows:

The [summary] judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled...

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