CASHION v. TEXAS GULF, INC.

No. 852SC711.

339 S.E.2d 797 (1986)

Frank CASHION and Ruffin Keyes v. TEXAS GULF, INC., and Dwayne Pergrem.

Court of Appeals of North Carolina.

March 4, 1986.


Attorney(s) appearing for the Case

Sumrell, Sugg & Carmicheal by Rudolph A. Ashton, III, New Bern, for plaintiffs-appellants.

McMullan & Knott by Lee E. Knott, Jr., Washington, for defendants-appellees.


JOHNSON, Judge.

The only issue we must decide is whether there was a genuine material issue of fact which would preclude the trial court's allowance of defendants' motion for summary judgment. After careful consideration of the record herein, we conclude that there is no genuine material issue of fact in the case sub judice.

It is well settled that a Rule 56 motion for summary judgment should be allowed only when there exists no triable genuine issue...

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