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PIEDMONT CONSULTANTS OF STATESVILLE v. BABA

No. 7922DC960.

268 S.E.2d 222 (1980)

48 N.C. App. 160

PIEDMONT CONSULTANTS OF STATESVILLE, INC. v. George J. BABA and wife, Betty Baba.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Homesley, Jones, Gaines, Dixon & Fields by Wallace W. Dixon, Statesville, for plaintiff-appellee.

Isenhower & Long by David L. Isenhower, Newton, for defendants-appellants.

ERWIN, Judge.

Defendants contend that the trial court committed error in two respects: (1) The trial court erred in granting plaintiff's motion for summary judgment. (2) The trial court erred in granting plaintiff's motion to dismiss defendants' counterclaim. We do not agree.

G.S. 1A-1, Rule 56(c), of the Rules of Civil Procedure provides the standard for summary judgment:

"The judgment sought shall be rendered forthwith if the pleadings, depositions...

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