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STATE EX REL. EDMISTEN v. ZIM CHEMICAL CO.

No. 7910SC636.

263 S.E.2d 849 (1980)

STATE of North Carolina ex rel. Rufus L. EDMISTEN, Attorney General v. ZIM CHEMICAL COMPANY, INC., Melvin Tillem, President; Thomas Noland, Sales Manager; Jerry Wease, Salesman.

Court of Appeals of North Carolina.

As Corrected May 5, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for the State.

Bailey, Dixon, Wooten, McDonald & Fountain by Kenneth Wooten, Jr. and Gary S. Parsons, Raleigh, for defendant Zim Chemical Company, Inc.

HARRY C. MARTIN, Judge.

Defendant Zim's first assignment of error is the trial court's granting the state's motion for summary judgment after finding that no genuine issue of material fact was in dispute as to Zim's liability. Zim argues that because it specifically denied the state's allegations of misrepresentation of the antifreeze and presented affidavits contradicting those offered by the state to support the allegations...

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