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18 N.C. App. 60

Henry v. Henry

Court of Appeals of North Carolina

Decided April 25, 1973

Court of Appeals of North Carolina · decided 1973-04-25

Decided 1973-04-25

HEDRICK, Judge.

¶1It is manifest from the record before us that there are genuine triable issues of material fact as to plaintiff’s claim and as to defendant’s counterclaim. The trial judge erred in dismissing plaintiff’s complaint and in entering summary judgment awarding defendant $207.11 on his counterclaim. G.S. 1A-1, Rule 56.

¶2The judgment is

¶3Reversed.

Judges Bkock and Parker concur.
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