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ROBERSON v. GRIFFETH

No. 8115SC918.

291 S.E.2d 347 (1982)

Carolyn C. ROBERSON, Administratrix of the Estate of William Alton Roberson, Jr. v. J. R. GRIFFETH and City of Burlington.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

Hemric, Hemric & Elder by H. Clay Hemric, Jr., Burlington, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Robert A. Wicker and Peter J. Covington, Greensboro, for defendants-appellees.

ROBERT M. MARTIN, Judge.

A party moving for summary judgment has the burden of "`clearly establishing the lack of any triable issue of fact by the record properly before the court. His papers are carefully scrutinized; and those of the opposing party are on the whole indulgently regarded.' 6 Pt. 2 Moore's Federal Practice, § 56 15[8], at 642 (2d ed. 1976);" Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 469-70,

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