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ODOM v. LITTLE ROCK & I-85 CORP.

No. 70.

261 S.E.2d 99 (1980)

299 N.C. 86

T. LaFontine ODOM, Trustee, Henry C. Rhyne, Individually and as Executor under the Last Will and Testament of Daniel P. Rhyne, Sr., deceased, and as beneficiary under said instrument; William M. Rhyne and Daniel P. Rhyne, Jr., both Individually and as beneficiaries under the Last Will and Testament of Daniel P. Rhyne, Sr. v. LITTLE ROCK & I-85 CORPORATION, a corporation, NCNB Mortgage Corporation, a corporation; Edward W. Largen, Trustee; Tim, Inc., a corporation, Trustee; S. Dean Hamrick, Trustee; Southern National Bank of North Carolina, a corporation; and David M. McConnell.

Supreme Court of North Carolina.

January 8, 1980.

Attorney(s) appearing for the Case

Wade & Carmichael by J. J. Wade, Jr., Charlotte, for plaintiffs-appellants.

Cansler, Lockhart, Parker & Young, by Sarah Elizabeth Parker, Charlotte, for defendants-appellees.

BROCK, Justice.

The sole question facing this Court is the propriety of the summary judgment granted in favor of the defendant NCNB Mortgage Corporation, affirmed by the Court of Appeals at 40 N.C. App. 242, 252 S.E.2d 217 (1979). In Page v. Sloan, 281 N.C. 697, 704, 190 S.E.2d 189, 193 (1972) this Court held that:

". . . [T]he party moving...

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