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STANBACK v. STANBACK

No. 8019SC1222.

280 S.E.2d 498 (1981)

Vanita B. STANBACK v. Fred J. STANBACK, Jr.

Court of Appeals of North Carolina.

July 21, 1981.

Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller & Smith by Walter F. Brinkley and Benjamin G. Philpott, Lexington, for plaintiff-appellant.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Norwood Robinson, George L. Little, Jr., and Robert E. Price, Jr., Winston-Salem, for defendant-appellee.

HEDRICK, Judge.

Plaintiff assigns as error the trial court's granting of summary judgment in favor of the defendant.

Upon a motion for summary judgment, the duty of the court is to determine whether there is a genuine issue of material fact which should be tried by a jury. Zimmerman v. Hogg & Allen, Professional Association, 286 N.C. 24, 209 S.E.2d 795 (1974). The moving party has...

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