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CLEAR FIR SALES CO. v. CAROLINA PLYWOOD DISTRIB., INC.

No. 718SC565.

185 S.E.2d 737 (1972)

13 N.C. App. 429

CLEAR FIR SALES COMPANY, a division of Fibreboard Corporation v. CAROLINA PLYWOOD DISTRIBUTORS, INC., and Stanley N. Patelos.

Court of Appeals of North Carolina.

January 12, 1972.

Attorney(s) appearing for the Case

Maupin, Taylor & Ellis by Charles B. Neely, Jr., Raleigh, for plaintiff appellee.

Baddour & Lancaster by H. Martin Lancaster, Goldsboro, for defendant appellant.

GRAHAM, Judge.

It is not the duty of the court hearing a motion for summary judgment to decide an issue of fact, but rather to determine whether a genuine issue as to any material fact exists. Kessing v. National Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823. Summary judgment is available to a claimant as well as to a defendant, G.S. § 1A-1, Rule 56(a), and it must be rendered forthwith...

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