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STEWART OFFICE SUPPLIERS v. FIRST UNION

Nos. 8926SC163, 8926SC289.

388 S.E.2d 599 (1990)

STEWART OFFICE SUPPLIERS, INC. v. FIRST UNION NATIONAL BANK. STEWART OFFICE SUPPLIERS, INC. v. SOUTHERN NATIONAL BANK OF NORTH CAROLINA.

Court of Appeals of North Carolina.

February 20, 1990.

Attorney(s) appearing for the Case

Lawrence U. Davidson, III, Charlotte, for plaintiff-appellant.

Perry, Patrick, Farmer & Michaux by Roy H. Michaux, Jr., Charlotte, for defendant-appellee First Union Nat. Bank.

Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage and Craig T. Lynch, Charlotte, for defendant-appellee Southern Nat. Bank.

EAGLES, Judge.

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law." G.S. 1A-1, Rule 56(c). "If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated...

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