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BUSBY v. SIMMONS

No. 9010SC1196.

406 S.E.2d 628 (1991)

103 N.C. App. 592

Cathy Elaine BUSBY, Plaintiff, v. Mark Anthony SIMMONS, Defendant.

Court of Appeals of North Carolina.

August 6, 1991.

Attorney(s) appearing for the Case

Young, Moore, Henderson & Alvis, P.A. by Johnny S. Gaskins, Raleigh, for plaintiff-appellant.

DeBank, McDaniel, Holbrook & Anderson by Douglas F. DeBank, Raleigh, for unnamed defendant-appellee.

ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting summary judgment in State Farm's favor. For the following reasons, we hold that the trial court did not err and affirm the order of 6 September 1990.

Under N.C.Gen.Stat. § 1A-1, Rule 56(c) (1990), summary judgment shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no...

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