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MILLER BLDG. CORP. v. BELL

No. 885SC985.

379 S.E.2d 695 (1989)

MILLER BUILDING CORPORATION, Plaintiff, v. John T. BELL and W. Dean Best, Defendants.

Court of Appeals of North Carolina.

June 6, 1989.

Attorney(s) appearing for the Case

Marshall, Williams, Gorham & Brawley, by Lonnie B. Williams, and John D. Martin, Wilmington, for plaintiff.

Ward and Smith, P.A. by Michael P. Flanagan, Greenville, for defendants.

HEDRICK, Chief Judge.

Defendants assign error to the refusal of the trial judge to consider the affidavit filed in opposition to the motion for summary judgment. We believe North Carolina National Bank v. Gillespie, 291 N.C. 303, 230 S.E.2d 375 (1976), is controlling in this case. In Gillespie, Justice Branch, writing for the Supreme Court, stated:

The threshold question presented...

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