NEIHAGE v. KITTRELL AUTO PARTS, INC.

No. 7810SC632.

255 S.E.2d 315 (1979)

41 N.C. App. 538

Herbert NEIHAGE v. KITTRELL AUTO PARTS, INC., and Globemaster, Inc.

Court of Appeals of North Carolina.

June 5, 1979.


Attorney(s) appearing for the Case

Charles A. Parlato and Gene Collison Smith, Raleigh, for plaintiff-appellant.

Maupin, Taylor & Ellis by Armistead J. Maupin, Richard C. Titus, and John T. Williamson, Raleigh, for defendant-appellee.


ERWIN, Judge.

The record in this case on appeal presents one question for our determination: Did the trial court commit error in granting defendant's motion for summary judgment pursuant to G.S. 1A-1, Rule 56, of the Rules of Civil Procedure? We answer, "No."

A motion for summary judgment may be granted only when there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. Lee v. Shor,

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