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PERRY M. ALEXANDER CONST. CO. v. BURBANK

No. 8628SC830.

350 S.E.2d 877 (1986)

83 N.C. App. 503

PERRY M. ALEXANDER CONSTRUCTION COMPANY v. William F. BURBANK.

Court of Appeals of North Carolina.

December 16, 1986.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by J. David Farren and Elizabeth Kuniholm, Raleigh, for defendant appellant.

Riddle, Kelly and Cagle by E. Glenn Kelly, Asheville, for plaintiff appellee.

ARNOLD, Judge.

The test on a motion for summary judgment is whether on the basis of the materials presented to the court there is any genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law. Barbour v. Little, 37 N.C. App. 686, 247 S.E.2d 252, disc. rev. denied, 295 N.C. 733, 248 S.E.2d 862 (1978).

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