Court of Appeals of North Carolina August 2, 1972, No. 7211SC339 (Johnston County Tuberculosis Ass'n v. North Carolina Tuberculosis & Respiratory Disease Ass'n)

BROCK, Judge.

The first assignment of error brought forward on this appeal by defendant-appellants is that the trial judge erred in not granting their motion for summary judgment. The defend*494ants argue that the pleadings and affidavits submitted showed that there was no genuine issue as to any material fact before the court.