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ROWE v. FRANKLIN COUNTY

No. 859SC687.

339 S.E.2d 428 (1986)

Charles L. ROWE v. FRANKLIN COUNTY: Board of Commissioners of Franklin County: Franklin Memorial Hospital: Board of Trustees of Franklin Memorial Hospital: James S. Hunt, Individually and as Chairman of Board of Commissioners of Franklin County and Board of Trustees of Franklin Memorial Hospital; James S. Weathers: Ronald W. Goswick: J. Thurman Griffin, Bernie R. Gupton, and James W. Mills Individually and as County Manager of Franklin County.

Court of Appeals of North Carolina.

February 18, 1986.

Attorney(s) appearing for the Case

Hollowell & Silverstein, P.A. by Thaddeus B. Hodgdon, Raleigh, for plaintiff-appellant.

Bailey, Dixon, Wooten, McDonald, Fountain & Walker by J. Ruffin Bailey and Gary S. Parsons, Raleigh, Jolly, Williamson & Williamson by Wilbur M. Jolly, Louisburg for defendants-appellees.

PARKER, Judge.

On a motion for summary judgment, the moving party bears the burden of proving: (i) there is no genuine issue of material fact and (ii) that he is entitled to judgment as a matter of law. Smith v. Smith, 65 N.C. App. 139, 308 S.E.2d 504 (1983). Appellant contends that a genuine issue of material fact remained to be decided; i.e., whether the Trustees had the authority to enter into a long-term contract...

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