COLONIAL BLDG. CO., INC. v. JUSTICE

No. 8610SC562.

351 S.E.2d 140 (1986)

83 N.C. App. 643

COLONIAL BUILDING COMPANY, INC. of Raleigh and Century 21, Croom and Gay Realty, A North Carolina General Partnership v. Lewis JUSTICE; Cornelia Justice Brown; Amos Justice and wife, Viaretta Justice; Abraham Justice and wife, Correna Justice; Irving Justice and wife, Elease Justice; Andrew Dyer and wife, Daisey Dyer; Samuel Richardson and wife, Dorothy Richardson; Albert Justice and wife, Florine Justice; Deliah Justice; Barbara J. Sauls; Onnie Justice; Robert Justice; Otis McMichael and wife, Pearlene McMichael; Russell B. Smith and wife, Joyce E. Smith; Robert Justice and wife, Dorothy Justice; Walter L. Justice, Jr. and wife, Jocelyn A. Justice; Lionel Williams and wife, Gertrude Williams; Mabel Barham; Silas Dunn and wife, Maude Dunn; Ernest Hunter; Louis A. Justice; Lawrence Justice and wife, Maleasia A. Justice; Raymond Justice; Ralph Justice, Sr.; Ruby Dunn; Lenora Justice; Jimmie L. Dozier and wife, Maggie Eunis Dozier; Alvin Justice; Mattie E. Justice; Elona Justice and wife, Marlene Justice; Lizzie A. Justice; Percell Justice; Lonnie Justice; Bernice Justice; Susie Justice; Marion Holden and wife, Louise Holden; Horace Dunn and wife, Jesse Dunn; Worth Dunn and wife, Helen Dunn; Blonnie May Justice; Willie Massenbury and wife, Malissa Massenbury; and John and Jane Doe.

Court of Appeals of North Carolina.

December 30, 1986.


Attorney(s) appearing for the Case

Harris, Cheshire, Leager & Southern by Stephen D. Coggins and Jodee Sparkman King, Raleigh, for plaintiffs-appellants.

Young, Moore, Henderson & Alvis, P.A. by B.T. Henderson, II, Edward B. Clark and Josephine R. Darden, Raleigh, for defendants-appellees.


HEDRICK, Chief Judge.

Plaintiffs contend that the trial court erred to their prejudice in granting summary judgment for defendants and dismissing plaintiffs' action.

Summary judgment should be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c). Where...

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