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PLYMOUTH FERTILIZER COMPANY v. PITT-GREENE PRODUCTION CREDIT ASS'N.

No. 813SC1004.

292 S.E.2d 732 (1982)

PLYMOUTH FERTILIZER COMPANY v. PITT-GREENE PRODUCTION CREDIT ASSOCIATION; M. E. Cavendish, Trustee; Fred T. Mattox, Trustee; Moore-King-Sullivan, Inc.; Warren Lassiter t/a Chase Investment Company; Grifton Fertilizer and Supply Company, Inc.; Russell Houston, III, Trustee; Trawick H. Stubbs, Jr., Trustee; Jimmy R. Whitford; Ronald Lassiter and wife, Della Lassiter; Annie V. Lassiter and Esther H. Venters.

Court of Appeals of North Carolina.

July 6, 1982.

Attorney(s) appearing for the Case

Everett & Cheatham by Edward J. Harper, II, Greenville, for petitioner-appellee.

James, Hite, Cavendish & Blount by E. Cordell Avery, Greenville, for respondents-appellants.

ARNOLD, Judge.

Since the parties are in substantial agreement regarding the facts of the case, the only question for our consideration is whether the trial court correctly concluded from those facts that petitioner was entitled to summary judgment as a matter of law. Appellants rely heavily on the opinion of our Supreme Court in Waff Brothers v. Bank of North Carolina, 289 N.C. 198, 221 S.E.2d 273

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