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WILLIAMS v. CONGDON

No. 7829SC1019.

257 S.E.2d 677 (1979)

Robert D. WILLIAMS v. Edgar D. CONGDON.

Court of Appeals of North Carolina.

September 18, 1979.

Attorney(s) appearing for the Case

S. Lee Atkins, Saluda, for plaintiff-appellant.

Van Winkle, Buck, Wall, Starnes, Hyde & Davis, P. A., by O. E. Starnes, Jr., Asheville, for defendant-appellee.

WELLS, Judge.

The sole question presented in this appeal is: Assuming the facts alleged in plaintiff's complaint to be true, was defendant entitled to summary judgment as a matter of law? We think so.

Summary judgment is appropriate only where there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56; Bentley v. Langley, 39 N.C. App. 20,

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