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ISBEY v. CREWS

No. 8128DC300.

284 S.E.2d 534 (1981)

Edward Kenneth ISBEY, Jr. and William C. Morris, Jr. v. H. Denniston CREWS, M.D. and Artus M. Moser M.D. Individually and t/d/b/a Asheville Kidney Center.

Court of Appeals of North Carolina.

December 1, 1981.

Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips by William C. Morris, Jr., and Sheila Fellerath, Asheville, for plaintiffs-appellees.

Adams, Hendon, Carson & Crow by George Ward Hendon, Asheville, for defendants-appellants.

HEDRICK, Judge.

Defendants assign as error the court's entry of summary judgment. Summary judgment is properly entered if there is no genuine issue of material fact, Branch Banking & Trust Co. v. Creasy, 301 N.C. 44, 269 S.E.2d 117 (1980), but a motion for summary judgment must be denied if there is such an issue of fact. Dendy v. Watkins, 288 N.C. 447

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