BOOHER v. FRUE

No. 8928SC1042.

392 S.E.2d 105 (1990)

98 N.C. App. 585

Richard M. BOOHER and Nancy Ann Brown v. William C. FRUE, Ronald K. Payne and Michael Y. Saunders.

Court of Appeals of North Carolina.

June 5, 1990.


Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman by James E. Walker and Alice Carmichael Richey, Charlotte, plaintiffs-appellants.

Ronald W. Howell, Asheville, for defendant-appellee.


EAGLES, Judge.

The sole question here is whether the court erred in granting defendant Payne's motion for summary judgment. Under G.S. 1A-1, Rule 56(c), defendant is entitled to summary judgment if the record shows "that there is no genuine issue as to any material fact and that [defendant] is entitled to a judgment as a matter of law." "In ruling on a motion for summary judgment the evidence is viewed in the light most favorable to the non-moving party." Hinson...

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