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WELLS v. NORTH CAROLINA NAT. BANK

No. 7926SC85.

261 S.E.2d 296 (1980)

44 N.C. App. 592

Horace WELLS v. NORTH CAROLINA NATIONAL BANK, T. Gray Ellis, d/b/a Ellis Insurance Agency.

Court of Appeals of North Carolina.

January 15, 1980.

Attorney(s) appearing for the Case

Walker, Palmer & Miller by James E. Walker, Douglas M. Martin and Raymond E. Owens, Jr., Charlotte, for plaintiff-appellant.

Moore & Van Allen by John T. Allred and Robert D. Dearborn, Charlotte, for defendant-appellee, North Carolina National Bank.

MORRIS, Chief Judge.

The sole question presented by this appeal is whether the trial court erred in granting summary judgment in favor of defendant NCNB. Rendition of summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. 1A-1, Rule 56(c).

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