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FABER INDUSTRIES, LTD. v. WITEK

No. COA96-768.

483 S.E.2d 443 (1997)

FABER INDUSTRIES, LTD. v. Dori Leeds WITEK (formerly Dori Leeds), Individually and d/b/a Blind Ambitions.

Court of Appeals of North Carolina.

April 15, 1997.

Attorney(s) appearing for the Case

Spears, Barnes, Baker, Wainio, Brown & Whaley by Philip A. Mullins IV, Durham, for plaintiff-appellant.

Jordan, Price, Wall, Gray & Jones, L.L.P. by Paul T. Flick and Laura J. Wetsch, Raleigh, for defendant-appellee.

GREENE, Judge.

Faber Industries, Ltd. (Faber) filed suit on 18 October 1995 against Dori Leeds Witek (Dori Leeds) seeking to recover monies owed pursuant to a guaranty agreement. Both parties motioned for summary judgment and submitted affidavits and on 18 April 1996 the trial court entered summary judgment for Dori Leeds and denied summary judgment for Faber. Faber appeals from this order.

The evidence, considered in the light most favorable to Faber,

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