FARMERS BANK, ETC. v. CITY OF ELIZABETH CITY

No. 811SC100.

282 S.E.2d 580 (1981)

FARMERS BANK OF SUNBURY and T. L. Hutto, Trustee, v. CITY OF ELIZABETH CITY.

Court of Appeals of North Carolina.

October 6, 1981.


Attorney(s) appearing for the Case

White, Hall, Mullen, Brumsey & Small by Gerald F. White and H. T. Mullen, Jr., Elizabeth City, for plaintiffs-appellants.

Wilson & Ellis by J. Kenyon Wilson, Jr., M. H. Hood Ellis, and David W. Boone, Elizabeth City, for defendant-appellee.


HEDRICK, Judge.

The questions presented on this appeal are whether summary judgment for defendant was proper, and whether the court erred in denying plaintiffs' motion for summary judgment. Summary judgment must be granted, upon motion, "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...

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