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TOWN OF SPARTA v. HAMM

No. 8923DC626.

387 S.E.2d 173 (1990)

97 N.C. App. 82

TOWN OF SPARTA, Plaintiff, v. Willie Ray HAMM, and wife, Myrtle C. Hamm, Defendants.

Court of Appeals of North Carolina.

January 16, 1990.

Attorney(s) appearing for the Case

Richard L. Doughton and Wm. Bynum Marshall, Sparta, for plaintiff-appellee.

Arnold L. Young, Sparta, for defendants-appellants.

LEWIS, Judge.

The North Carolina Rules of Civil Procedure provide that summary judgment will be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. Section 1A-1, N.C.R.Civ.P. 56(c). The burden of proof is on the plaintiff...

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