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YOUNG v. LOMAX

No. COA95-325.

470 S.E.2d 80 (1996)

122 N.C. App. 385

Charles YOUNG and wife, Ann Young; Terry Beaver and wife, Sandra Beaver; John Kluttz and wife, Donna Kluttz; Michael Callahan and wife, Brenda Callahan; Henry Kivett and wife, Barbara Kivett; James Sholly and wife, Kim Sholly; Allen Johnson, II and wife, Terri Johnson; Samuel Bass and wife, Denise Bass; Mary Cline; Lester Shelton; Mark Dulaney and Pamela Dulaney; Jack Morgan, Jr. and wife, Beverly Morgan; Larry Paul and wife, Myra Paul; Harold Whitley and wife, Patsy Whitley; Oystein Dahl and wife, Deborah Dahl; Chuck Rex Helms; Mitch Wells and wife, Cindy Wells; and Charles B. Lewis, Sr., Plaintiffs, v. James F. LOMAX and Rodney Helms, and Dawn W. O'Dell, in her capacity as Trustee and NationsBanc Mortgage Corporation, Defendants.

Court of Appeals of North Carolina.

May 7, 1996.

Attorney(s) appearing for the Case

Ferguson & Scarbrough, P.A. by James E. Scarbrough, Concord, for plaintiffs-appellees.

Wishart, Norris, Henninger & Pittman, P.A., by June K. Allison, Burlington, for defendants-appellants Dawn W. O'Dell, in her capacity as Trustee, and NationsBanc Mortgage Corporation, and Johnson & Hastings, by Randell F. Hastings, Concord, for defendants-appellants James F. Lomax and Rodney Helms.

EAGLES, Judge.

We first note that summary judgment is appropriate only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. 1A-1, Rule 56(c); Snipes v. Jackson, 69 N.C. App. 64, 71-72, 316 S.E.2d 657, 661, disc. review denied...

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