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SCHAFFNER v. CUMBERLAND COUNTY HOSP. SYSTEM

No. 8512SC76.

336 S.E.2d 116 (1985)

Bruce SCHAFFNER, Guardian Ad Litem For Eugenia L. Schaffner, Minor v. CUMBERLAND COUNTY HOSPITAL SYSTEM, INC. and Dr. C.G. Pantelakos.

Court of Appeals of North Carolina.

November 19, 1985.

Attorney(s) appearing for the Case

Carter & Melvin by Lester G. Carter, Jr., and Stephen R. Melvin, Fayetteville, for plaintiff-appellant.

Clark, Shaw, Clark, Lingle & Anderson by John G. Shaw and Dougald N. Clark, Jr., Fayetteville, for defendant-appellee Cumberland County Hosp. System, Inc.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Samuel G. Thompson, Jodee Sparkman King and William H. Moss, Raleigh, for defendant-appellee Dr. C.G. Pantelakos.

WHICHARD, Judge.

The sole question is whether the court erred in granting defendants' motions for summary judgment. A movant is entitled to summary judgment pursuant to N.C.Gen.Stat. 1A-1, Rule 56 when the record, viewed in the light most favorable to the nonmoving party, presents "`no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.'" Easter v. Hospital, 303 N.C. 303, 305, 278 S.E...

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