Legal Opinion

Moore v. Bryson

Court of Appeals of North Carolina

Decided May 26, 1971No. 7130SC179PublishedCited by 22 opinions

1Opinion of the Court

GRAHAM, Judge.

Summary judgment is an extreme remedy and should be cautiously invoked to the end that parties will always be afforded a trial where there is a genuine dispute of facts between them. United Meat Co. v. Reconstruction Finance Corp., 174 F. 2d 528 (D.C. Cir. 1949). It is proper only when “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 a judgment as a matter of law.” G.S. 1A-1, Rule 56(c). “‘Upon a motion for summary…

2Cases cited15 opinions

  1. Toebelman v. Missouri-Kansas Pipe Line Co.Court of Appeals for the Third Circuit · 1942
  2. McMichael v. ProctorSupreme Court of North Carolina · 1956
  3. Pridgen v. HughesCourt of Appeals of North Carolina · 1970
  4. Lee v. ShorCourt of Appeals of North Carolina · 1970
  5. Pearson v. . PearsonSupreme Court of North Carolina · 1946

10 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Phillips v. GrayCourt of Appeals of North Carolina · 2004
  2. Lorbacher v. Housing Authority of RaleighCourt of Appeals of North Carolina · 1997
  3. Hajmm Co. v. House of Raeford Farms, Inc.Court of Appeals of North Carolina · 1989
  4. Stonestreet v. Compton Motors, Inc.Court of Appeals of North Carolina · 1973
  5. Furst v. LoftinCourt of Appeals of North Carolina · 1976

17 more not listed; retrieve them via the Exa API.

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