GIBSON v. HUNSBERGER

No. 9129SC1294.

428 S.E.2d 489 (1993)

109 N.C. App. 671

Thomas Keith GIBSON and wife, Elizabeth Brookshire Gibson, Plaintiffs, v. Russell B. HUNSBERGER and wife, Jeannette B. Hunsberger, Defendants.

Court of Appeals of North Carolina.

April 20, 1993.


Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by Robert C. Ervin, Morganton, for plaintiffs-appellants.

Mitchell, Blackwell & Mitchell, P.A. by Marcus W.H. Mitchell, Jr. and Keith W. Rigsbee, Valdese, for defendants-appellees.


ARNOLD, Judge.

The issue here is whether summary judgment for defendants was proper. Summary judgment is proper when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. N.C.R.Civ.P. 56; Lowe v. Bradford, 305 N.C. 366, 368-69, 289 S.E.2d 363, 365-66 (1982). "The evidence presented must be viewed in the light most favorable to the non-movant." Surrette v. Duke Power Co.,

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