SMITH v. POWELL FUNERAL HOME

No. 8113SC115.

282 S.E.2d 535 (1981)

Lindsey Leo SMITH and wife, Eudell Smith v. POWELL FUNERAL HOME.

Court of Appeals of North Carolina.

October 6, 1981.


Attorney(s) appearing for the Case

Walton, Fairley & Jess by Ray H. Walton and Elva L. Jess, Southport, for plaintiffs-appellants.

Powell & Smith by William A. Powell, Shallotte, for defendant-appellee.


ARNOLD, Judge.

The principles applicable to consideration of summary judgment motions are well established. The moving party has the burden of clearly establishing the lack of any triable issue of fact. The papers supporting the movant's position are to be carefully scrutinized while those of the opposing party are to be regarded indulgently. The motion may only be granted where there is no genuine issue as to any material fact and the moving party is entitled to...

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