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NICHOLS v. STATE EMP. CREDIT UNION

No. 793DC821.

264 S.E.2d 793 (1980)

Mack Ervin NICHOLS v. STATE EMPLOYEES' CREDIT UNION.

Court of Appeals of North Carolina.

April 15, 1980.

Attorney(s) appearing for the Case

Williamson, Herrin & Stokes by Mickey A. Herrin, Greenville, for plaintiff-appellant.

Lawrence S. Graham, Greenville, for defendant-appellee.

WELLS, Judge.

Although the parties have not raised the issue of the appealability of the trial court's order, it is nonetheless our duty to do so if we believe the appeal is premature. Waters v. Personnel, Inc., 294 N.C. 200, 240 S.E.2d 338 (1978). We believe that for the same reasons we have today held that the granting of summary judgment as to less than all the parties in a...

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