MARTIN, Judge.
The question presented by this appeal is whether the trial court erred in granting the Carters' motion for summary judgment, dismissing Sartin's claims in no. 80CVS1135 and his counterclaims in no. 80CVS1013. We hold that it did not. G.S. 1A-1, Rule 56(c) permits the granting of summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue...
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