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FINEBERG v. STATE FARM FIRE AND CAS. CO.

No. 9315SC164.

438 S.E.2d 754 (1994)

Irving FINEBERG, Plaintiff, v. STATE FARM FIRE AND CASUALTY CO., Defendant.

Court of Appeals of North Carolina.

February 1, 1994.

Attorney(s) appearing for the Case

Steven Klein, La Jolla, CA, for plaintiff appellant.

Yates, McLamb & Weyher, by R. Scott Brown and O. Craig Tierney, Jr., Raleigh, for defendant appellee.

ARNOLD, Chief Judge.

The sole question presented by plaintiff's appeal is whether the trial court erred in granting summary judgment in favor of the defendant. The trial court granted summary judgment on the basis that plaintiff failed to comply with all conditions precedent under his insurance policy in failing to submit to an examination under oath. The trial court relied in part on this Court's opinion in Baker v. Independent Fire Insurance Company,

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