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WESTOVER PRODUCTS, INC. v. GATEWAY ROOFING CO., INC.

No. 8818SC881.

380 S.E.2d 369 (1989)

WESTOVER PRODUCTS, INC., Plaintiff, v. GATEWAY ROOFING CO., INC., James A. Moser and Clay A. Moser, Defendants. GATEWAY ROOFING CO., INC., Third Party Plaintiff, v. WESTOVER PRODUCTS, INC., The Carlisle Corporation, Kidde, Inc. d/b/a Walter Kidde & Company, J.M. Thompson Company, Third Party Defendants.

Court of Appeals of North Carolina.

June 6, 1989.

Attorney(s) appearing for the Case

Wishart, Norris, Henninger & Pittman by David O. Lewis, Raleigh, for third party defendant appellant Kidde.

Block, Meyland & Lloyd by Gary R. Wolf and Michael R. Pendergraft, Greensboro, for third party plaintiff Gateway.

Womble, Carlyle, Sandridge & Rice by Michael E. Ray, Ellis B. Drew, III and Karen E. Carey, Winston-Salem, for third party defendant appellee Carlisle Corporation.

ARNOLD, Judge.

Appellants argue that the trial court committed reversible error in granting Carlisle's motion for summary judgment because genuine issues of material fact exist between the parties. More particularly, they first contend genuine issues of material fact exist as to Kidde's allegations of negligence by Carlisle.

Summary judgment shall be rendered if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with...

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