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AVRETT AND LEDBETTER ROOFING AND HEATING CO. v. PHILLIPS

No. 8626SC860.

354 S.E.2d 321 (1987)

AVRETT AND LEDBETTER ROOFING AND HEATING COMPANY, a North Carolina Corporation, and Wilson H. Covington v. Mildred Pauline S. PHILLIPS, Personal Representative of the late Clarence Hugh Phillips and Mildred Pauline S. Phillips, Individually.

Court of Appeals of North Carolina.

April 7, 1987.

Attorney(s) appearing for the Case

Henderson & Shuford by Charles J. Henderson and William A. Shuford, Charlotte, for plaintiff-appellees.

Weinstein & Sturges by L. Holmes Eleazer, Jr. and William H. Sturges, Charlotte, for defendant-appellant.

EAGLES, Judge.

The issue on appeal is whether the trial court erred in granting summary judgment in favor of plaintiffs. Summary judgment is appropriate where there is no genuine issue as to any material fact and the rights of the parties may be determined as a matter of law. Taylor v. Taylor, 45 N.C. App. 449, 263 S.E.2d 351, rev'd on other grounds, 301 N.C. 357,

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