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KWAN-SA YOU v. ROE

No. 8914SC316.

387 S.E.2d 188 (1990)

97 N.C. App. 1

KWAN-SA YOU, Plaintiff, v. Charles R. ROE, Samuel L. Katz, Dorothy A. Byrd, Corinne A. Houpt, Jeffrey L. Houpt, Alan Stoudemire and Duke University, Defendants.

Court of Appeals of North Carolina.

January 16, 1990.

Attorney(s) appearing for the Case

Grover C. McCain, Jr. and Phyllis Moore, Chapel Hill, for plaintiff-appellant.

Moore & Van Allen by N.A. Ciompi, Charles R. Holton and Barry L. Creech, Durham, for defendants-appellees Roe, Katz, Byrd, C. Houpt, J. Houpt, and Duke University.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Alene M. Mercer and Susan K. Burkhart, Raleigh, for defendant-appellee Stoudemire.

EAGLES, Judge.

Where a motion for summary judgment is granted, the critical questions for determination on appeal are whether, on the basis of materials presented to the trial court, there is a genuine issue of 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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