JOHNSON, Judge.
The sole issue on appeal is whether the judgment in 80CVS324 may be pled as res judicata and bar plaintiff's claim for relief such that defendant was entitled to a judgment as a matter of law. We hold that the forecast of the evidence that would have been submitted does not entitle defendant to a judgment as a matter of law.
In pertinent part, Rule 56(c), N.C.Rules Civ.P., allows the court to grant summary judgment as follows:
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