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TALBERT v. CHOPLIN

No. 7810SC334.

253 S.E.2d 37 (1979)

40 N.C. App. 360

Betty L. TALBERT, Administratrix of the Estate of Ollie Junior Choplin, Deceased v. George Dwight CHOPLIN.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

DeMent, Redwine & Askew, by Russell W. DeMent, Jr., Raleigh, for plaintiff appellant.

Ronald C. Dilthey, Teague, Johnson, Patterson, Dilthey & Clay, Raleigh, for defendant appellee.

PARKER, Judge.

"The purpose of summary judgment is to eliminate formal trials where only questions of law are involved by permitting penetration of an unfounded claim or defense in advance of trial and allowing summary disposition for either party when a fatal weakness in the claim or defense is exposed." Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 470, 251 S.E.2d 419, 422 (1979). "The device...

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