RORRER v. COOKE

No. 8317SC702.

317 S.E.2d 34 (1984)

Mary Carol RORRER v. Arthur O. COOKE.

Court of Appeals of North Carolina.

July 3, 1984.


Attorney(s) appearing for the Case

McCain & Essen by Grover C. McCain, Jr. and Jeff Erick Essen, Chapel Hill, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Stephen P. Millikin and Alan W. Duncan, Greensboro, for defendant-appellee.


ARNOLD, Judge.

The question presented on appeal is whether genuine issues of material fact exist. We hold that the affidavits filed by plaintiff in opposition to defendant's motion for summary judgment raise such issues.

Summary judgment is proper only when the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is...

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