CITY OF WILMINGTON v. N.C. NATURAL GAS CORP.

No. 935SC1301.

450 S.E.2d 573 (1994)

The CITY OF WILMINGTON, Plaintiff, v. NORTH CAROLINA NATURAL GAS CORPORATION, Defendant.

Court of Appeals of North Carolina.

December 6, 1994.


Attorney(s) appearing for the Case

Johnson & Lambeth by Maynard M. Brown, for plaintiff-appellant City of Wilmington.

McCoy, Weaver, Wiggins, Cleveland & Raper by Jeffrey N. Surles, and Ragsdale, Liggett & Foley, Fayetteville by Peter M. Foley and Stephanie H. Autry, Raleigh, for defendant-appellee N.C. Natural Gas Corp.


EAGLES, Judge.

Plaintiff asserts that the trial court erred by granting defendant's motion for summary judgment based on defendant's third, fourth, fifth, and eighth defenses in its answer. After careful review of the record, we affirm. We will separately address each defense on which the trial court granted summary judgment.

First, we review the standard for granting a summary judgment motion. A court grants a motion for summary judgment when "the evidence...

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