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JONES v. ALL AMERICAN LIFE INS. CO.

No. 836SC360.

316 S.E.2d 122 (1984)

Mildred JONES v. ALL AMERICAN LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Frank W. Ballance, Jr., Warrenton, for plaintiff-appellant.

Allsbrook, Benton, Knott, Cranford & Whitaker by J.E. Knott, Jr., and L. McNeil Chestnut, Roanoke Rapids, for defendant-appellee.

WHICHARD, Judge.

PLAINTIFF'S APPEAL

Plaintiff contends the court erred in considering defendant's affidavits in opposition to her motion for summary judgment when the affidavits were not filed in a timely manner. Plaintiff's motion for summary judgment was initially heard on 24 May 1982, at which time defendant did not have proper affidavits in opposition. The court exercised its discretion in regulating trial proceedings, and its discretion under G.S. 1A...

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