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WITTEN PRODUCTIONS, INC. v. REPUBLIC BANK & TR. CO.

No. 9027SC476.

401 S.E.2d 388 (1991)

102 N.C. App. 88

WITTEN PRODUCTIONS, INC., Plaintiff, v. REPUBLIC BANK AND TRUST COMPANY, Defendant and Third Party Plaintiff, and Branch Banking and Trust Company, Defendant, v. Bernard A. BAILEY, individually, and d/b/a The Entertainers and Entertainers of America, Inc., and Entertainment Promotions and Production, Inc., and Nathaniel B. Smith, III, individually, and d/b/a Superstar Concerts, Third Party Defendants.

Court of Appeals of North Carolina.

March 5, 1991.

Attorney(s) appearing for the Case

Don H. Bumgardner, Gastonia, for plaintiff-appellant.

Rayburn, Moon, & Smith by Travis W. Moon and Matthew R. Joyner, Charlotte, for defendant-appellee, Republic Bank and Trust Co.

ARNOLD, Judge.

Plaintiff first contends the trial court erred in granting defendant's motion for summary judgment. The test for granting summary judgment is "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." N.C.R.Civ.P. 56(c).

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