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SOUTHLAND AMUSEMENTS AND VENDING v. ROURK

No. COA00-543.

545 S.E.2d 254 (2001)

SOUTHLAND AMUSEMENTS AND VENDING, INC., Plaintiff, v. J.M. ROURK, d/b/a Mike's Windhammer, Defendant.

Court of Appeals of North Carolina.

April 17, 2001.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, P.L.L.C., by John F. Morrow, Jr., Winston-Salem, for plaintiff-appellee.

Stephen E. Culbreth, Wilmington, for defendant-appellant.

HUNTER, Judge.

J.M. Rourk d/b/a Mike's Windhammer ("defendant") appeals the trial court's judgments denying defendant's request to withdraw his deemed admissions; finding, as a result of those admissions, that there are no genuine issues of material fact so that summary judgment was proper as a matter of law, and; granting Southland Amusements and Vending, Inc. ("plaintiff") an attorney's fee. We hold the trial court judgment...

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