BM & W OF FAYETTEVILLE, INC. v. BARNES

No. 8412SC1078.

331 S.E.2d 308 (1985)

BM & W OF FAYETTEVILLE, INC. v. Connie Lee BARNES, Ronald Dustin Barnes, Jeannette McLamb Lee, Guardian for Connie Lee Barnes, Minor, Jeanette McLamb Lee, Guardian for Ronald Dustin Barnes, Minor and Festus Barnes, Administrator of the Estate of William Homer Barnes, Deceased.

Court of Appeals of North Carolina.

July 2, 1985.


Attorney(s) appearing for the Case

Butler, High, Baer & Jarvis by Ervin I. Baer and Bruce F. Baer, Fayetteville, for plaintiff-appellee.

Morgan, Bryan, Jones & Johnson by Robert H. Jones, Lillington, for defendants-appellants.


JOHNSON, Judge.

Two primary issues are presented by this appeal: (1) whether the court properly granted summary judgment in favor of plaintiff; and (2) whether the court properly considered the affidavit of Harvey Mitchell Smith, which was submitted in support of plaintiff's motion for summary judgment. For the following reasons we find no error and affirm the entry of summary judgment for plaintiff.

Summary judgment is proper when the "pleadings, depositions...

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