BROOKS v. HACKNEY

No. 8915SC1199.

397 S.E.2d 361 (1990)

100 N.C. App. 562

John W. BROOKS, Plaintiff, v. Harold D. HACKNEY and Margaret B. Hackney, Defendants.

Court of Appeals of North Carolina.

November 6, 1990.


Attorney(s) appearing for the Case

Law Firm of Wade Barber by Wade Barber, Pittsboro, for plaintiff-appellant.

Edwards & Atwater by Phil S. Edwards, Siler City, and Love & Wicker by Dennis A. Wicker, Sanford, for defendants-appellees.


ARNOLD, Judge.

The question presented on appeal is whether the trial court properly denied plaintiff's motion for summary judgment. We must determine (1) whether there is a genuine issue as to any material fact, and (2) whether the movant is entitled to judgment as a matter of law. N.C.R.Civ.P. 56(c).

Plaintiff argues that the trial court should have granted his motion for summary judgment because the evidence raised no material issue of fact, but only a question...

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