EUBANKS v. FIRST PROTECTION LIFE INS. CO.

No. 794SC79.

261 S.E.2d 28 (1979)

44 N.C. App. 224

I. H. EUBANKS, Administrator of the Estate of James Ellis "Billy" Eubanks v. FIRST PROTECTION LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

December 18, 1979.


Attorney(s) appearing for the Case

Brock, Foy & Proctor by Jimmie C. Proctor, Trenton, for plaintiff-appellee.

Hatch, Little, Bunn, Jones, Few & Berry by David H. Permar and John N. McClain, Jr., Raleigh, for defendant-appellant.


PARKER, Judge.

In its answer defendant captioned its allegations of false representations a "counterclaim." The Company now contends that plaintiff's failure to file a reply to that "counterclaim" operated as an admission of those allegations, entitling it to summary judgment or a directed verdict. The propriety of the trial court's denial of the motion for summary judgment is not properly before the court on this appeal. A motion for summary judgment is a pretrial...

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