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DEFEAT THE BEAT, INC. v. LLOYD'S LONDON

No. COA08-101.

669 S.E.2d 48 (2008)

DEFEAT THE BEAT, INC., Plaintiff, v. UNDERWRITERS AT LLOYD'S LONDON and Petersen International Underwriters, Individually and Collectively, Defendants.

Court of Appeals of North Carolina.

December 2, 2008.

Attorney(s) appearing for the Case

Caudle & Spears, P.A., by Christopher J. Loebsack and Christopher P. Raab, Charlotte, for plaintiff appellant.

Parker Poe Adams & Bernstein, LLP, by David N. Allen, Lori R. Keeton, and Scott S. Addison, Charlotte; and of counsel, Fields Howell Athans & McLaughlin, LLP, Atlanta, GA, by Paul L. Fields, Jr., and Nathan M. Thompson, for defendant appellees.

McCULLOUGH, Judge.

Defeat The Beat, Inc. ("plaintiff") appeals from the entry of summary judgment in favor of Underwriters At Lloyd's London ("Lloyd's London") and Petersen International Underwriters ("Petersen International") (collectively, "defendants").

Under N.C.R. Civ. P. 56(c)(2007), summary judgment is properly granted when "`the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that...

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