GILLESPIE v. DeWITT

No. 808SC810.

280 S.E.2d 736 (1981)

C. Edward GILLESPIE, Plaintiff, v. David DeWITT, Defendant and Third-Party Plaintiff, v. Daniel E. KELLY and K & G Health Care Industries, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

August 4, 1981.


Attorney(s) appearing for the Case

Freeman, Edwards & Vinson by George K. Freeman, Jr., Goldsboro, for plaintiff-appellee.

VanCamp, Gill & Crumpler by James R. VanCamp and Douglas R. Gill, Southern Pines, for defendant-appellant.


MORRIS, Chief Judge.

Defendant's sole assignment of error is to the trial court's granting plaintiff's motion for summary judgment. G.S. 1A-1, Rule 56(c) specifies that summary judgment should be granted "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." We need not review...

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