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HUSS v. HUSS

No. 7627SC394.

230 S.E.2d 159 (1976)

Betty H. HUSS v. James B. HUSS.

Court of Appeals of North Carolina.

November 17, 1976.

Attorney(s) appearing for the Case

Whitesides & Robinson by Henry M. Whitesides and Arthur C. Blue, III, Gastonia, for respondent-appellant.

Bob W. Lawing, Gastonia, for petitioner-appellee.

CLARK, Judge.

The trial court examined the pleadings and heard oral arguments from counsel in ruling on petitioner's motion. Information adduced from counsel during oral arguments cannot be used to support a motion for summary judgment under Rule 56(c). On a motion for summary judgment the court may consider evidence consisting of affidavits, depositions, answers to interrogatories, admissions, documentary materials, facts...

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