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ELMORE'S FEED AND SEED, INC. v. PATRICK

No. 8227SC604.

303 S.E.2d 394 (1983)

ELMORE'S FEED AND SEED, INC., Plaintiff and Third-Party Plaintiff, v. Eddie PATRICK, Defendant, v. RALSTON PURINA COMPANY, Third-Party Defendant.

Court of Appeals of North Carolina.

June 21, 1983.

Attorney(s) appearing for the Case

Lamb & Bridges by William E. Lamb, Jr., Shelby, for defendant-appellant.

Horn, West & Horn by C.A. Horn, Shelby, for plaintiff and third-party plaintiff-appellee.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William L. Rikard, Jr. and Sheldon Love Sturges, Charlotte, for the third-party defendant-appellee.

ARNOLD, Judge.

Before we decide if the summary judgment motions were properly granted here, we first answer the defendant's contention that summary judgment cannot be granted while his motion to compel discovery was pending. G.S. 1A-1, Rule 56 does not address this question.

The general rule for this situation was stated in Conover v. Newton, 297 N.C. 506, 256 S.E.2d 216 (1979).

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