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BRYAN-BARBER REALTY, INC. v. FRYAR

No. COA94-891.

461 S.E.2d 29 (1995)

BRYAN-BARBER REALTY, INC., Carol H. Hutchinson and Elizabeth T. Norman, Plaintiffs, v. Herman Harold FRYAR, Jr., and Judith Preast Fryar Wallace, Defendants.

Court of Appeals of North Carolina.

September 5, 1995.

Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley, P.A. by Thomas L. Young and W. Dudley Whitley, III, Rocky Mount, for plaintiffs-appellees.

McMillan, Kimzey & Smith by James M. Kimzey and Martha K. Walston, Raleigh, for defendant-appellant.

WALKER, Judge.

The issue on appeal is whether the trial court erred in granting summary judgment for plaintiffs. "Summary judgment is appropriate where there is no genuine issue as to any material fact and the rights of the parties may be determined as a matter of law." Avrett and Ledbetter Roofing and Heating Co. v. Phillips, 85 N.C. App. 248, 250, 354 S.E.2d 321, 323 (1987). The only dispute between the parties is whether...

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