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OXENDINE v. BOWERS

No. 8916SC1348.

398 S.E.2d 57 (1990)

100 N.C. App. 712

Zelma R. OXENDINE, Plaintiff, v. Sarah BOWERS, aka Sarah Brayboy and Jane Marie Morgan, Defendants.

Court of Appeals of North Carolina.

December 4, 1990.

Attorney(s) appearing for the Case

Bruce Allen, Fayetteville, for plaintiff-appellant.

Etheridge, Moser, Garner and Bruner, P.A. by Terry R. Garner, Laurinburg, for defendant-appellee Sarah Bowers.

WELLS, Judge.

When a motion for summary judgment is granted, "the critical questions for determination upon appeal are whether on the basis of the materials presented to the trial court, there is a genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law." Oliver v. Roberts, 49 N.C. App. 311, 271 S.E.2d 399 (1980), cert. denied, 276 S.E.2d 283

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