Court of Appeals of North Carolina July 17, 1979, 7821SC936 (Grundey v. Clark Transfer Co., Inc.)

ARNOLD, Judge.

Defendant contends that plaintiff’s motion for summary judgment was improperly granted. For this to be so, there must exist a genuine issue of material fact, or it must be

defendant

who was entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c).