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ROCKINGHAM, ETC. v. INTEGON LIFE INS. CORP.

No. 8017SC1155.

279 S.E.2d 918 (1981)

ROCKINGHAM SQUARE SHOPPING CENTER, INC., and Lee D. Tuttle v. INTEGON LIFE INSURANCE CORPORATION and The Northwestern Bank.

Court of Appeals of North Carolina.

July 7, 1981.

Attorney(s) appearing for the Case

Edwards, Greeson, Weeks & Turner by Joseph E. Turner, Greensboro, for plaintiffs-appellants.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by William F. Maready and Jackson N. Steele, Winston-Salem, for defendant-appellee, The Northwestern Bank.

HARRY C. MARTIN, Judge.

At the final pretrial conference on 9 January 1980, defendant's motion for summary judgment was scheduled for hearing at the 5 May 1980 term of Rockingham Superior Court. The parties subsequently agreed for the hearing to be held on 8 May 1980 at 9:30 a.m. Defendant relied upon the pleadings and discovery of record. At commencement of the hearing, plaintiffs delivered to defense counsel and offered to the court the affidavit of Lee Tuttle....

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