GODWIN SPRAYERS, INC. v. UTICA MUT. INS. CO.

No. 8211DC7.

296 S.E.2d 843 (1982)

GODWIN SPRAYERS, INC. v. UTICA MUTUAL INSURANCE CO.

Court of Appeals of North Carolina.

November 16, 1982.


Attorney(s) appearing for the Case

Lytch & Thompson by Benjamin N. Thompson, Dunn, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Keith A. Clinard, Winston-Salem, for defendant-appellee.


ARNOLD, Judge.

Summary judgment under G.S. 1A-1, Rule 56(c) is proper when there is "no genuine issue as to any material fact ...." It is a "drastic remedy ... [that] must be used with due regard to its purposes and a cautious observance of its requirements in order that no person shall be deprived of a trial on a genuine disputed factual issue." Kessing v. Mortgage Corp., 278 N.C. 523, 534, 180 S.E.2d 823, 830 (1971). This...

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