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McCOMBS v. KIRKLAND

No. 8427DC730.

332 S.E.2d 513 (1985)

Barbara Kirkland McCOMBS, Ricky Dale Kirkland and Bobby Gene Kirkland, by his Guardian Ad Litem v. Enoch KIRKLAND.

Court of Appeals of North Carolina.

August 6, 1985.

Attorney(s) appearing for the Case

Rankin & Stancil by James W. Stancil, Mount Holly, for plaintiffs-appellants.

Harris, Bumgardner & Carpenter by Don H. Bumgardner and R. Dennis Lorance, Gastonia, for defendant-appellee.

PHILLIPS, Judge.

Plaintiffs sued to recover $9,488.90 of defendant because he received the benefit of certain social security checks in that amount rather than them. After discovery was completed both parties moved for summary judgment and upon the motions being heard the court granted defendant's motion and dismissed plaintiffs' action. In our judgment the order was correct, for the evidence recorded contains no material...

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