BYRD MOTOR LINES v. DUNLOP TIRE & RUBBER

No. 8222SC940.

304 S.E.2d 773 (1983)

BYRD MOTOR LINES, INC. v. DUNLOP TIRE AND RUBBER CORPORATION.

Court of Appeals of North Carolina.

July 19, 1983.


Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller & Smith by Gaither S. Walser and Stephen W. Coles, Lexington, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Stephen P. Millikin and Jeri L. Whitfield, Greensboro, for defendant-appellee.


ARNOLD, Judge.

Because this case was decided on summary judgment under G.S. 1A-1, Rule 56, it is important to understand when that rule applies.

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...

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