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DAVIS v. TOWN OF SOUTHERN PINES

No. 9320SC889.

449 S.E.2d 240 (1994)

116 N.C. App. 663

Amanda DAVIS, Plaintiff-Appellee, v. TOWN OF SOUTHERN PINES; Chris Vandereit, Individually and in his official capacity; Stanley Klingenschmidt, Individually and in his official capacity, Defendants-Appellants.

Court of Appeals of North Carolina.

November 1, 1994.

Attorney(s) appearing for the Case

Rosenthal & Putterman by Charles M. Putterman, Raleigh, for plaintiff-appellee.

Cranfill, Sumner & Hartzog by H. Lee Evans, Jr. and Kari Lynn Russwurm, Raleigh, for defendant-appellants.

EAGLES, Judge.

Defendants appeal the trial court's denial of their motion for summary judgment. After careful review of the record and briefs, we affirm in part and reverse in part.

We note initially that the denial of a motion for summary judgment is ordinarily not immediately appealable. Hill v. Smith, 38 N.C. App. 625, 626, 248 S.E.2d 455, 456 (1978) (citations omitted). Here...

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