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W.S. CLARK AND SONS, INC. v. UNION NAT. BANK

No. 869DC699.

353 S.E.2d 439 (1987)

W.S. CLARK AND SONS, INC., Plaintiff, v. UNION NATIONAL BANK, Defendant, v. Vernon L. STRICKLAND, Third Party Defendant.

Court of Appeals of North Carolina.

March 17, 1987.

Attorney(s) appearing for the Case

Aycock, Harper & Simmons by Edward B. Simmons, Tarboro, for plaintiff-appellant.

Royster, Royster & Cross by T.S. Royster, Jr., Oxford, for defendant-appellee.

No brief for third party defendant.

ORR, Judge.

Plaintiff contends that the trial court erred in granting the defendant's motion for summary judgment. We disagree.

On a motion for summary judgment "[t]he movant must show (1) that there is no genuine issue as to any material fact, and (2) that the moving party is entitled to a judgment as a matter of law." Caldwell v. Deese, 288 N.C. 375, 378, 218 S.E.2d 379, 381 (1975...

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