COLON v. BAILEY

No. 8428SC1307.

333 S.E.2d 505 (1985)

Samuel COLON and Russell L. Schelb, Jr., Plaintiffs, v. F.D. BAILEY and wife, Sue Bailey, and Robert C. Pressley, Defendants, v. GREAT AMERICAN INSURANCE COMPANY, Proposed Intervenor.

Court of Appeals of North Carolina.

September 3, 1985.


Attorney(s) appearing for the Case

Morris, Golding and Phillips by Thomas R. Bell, Jr., Asheville, for plaintiffs and proposed intervenor.

Michael T. Moore, Asheville, for defendants.


HEDRICK, Chief Judge.

Plaintiffs and Insurance Company contend the court erred in granting summary judgment for defendants. G.S. 1A-1, Rule 56(c) permits summary judgment if no genuine issue exists as to any material fact and a party is entitled to judgment as a matter of law. Plaintiffs and Insurance Company argue that a genuine issue of fact has been raised as to whether the agreement was executed for the purpose of releasing all claims or merely those relating...

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