Reversed for the reasons stated in the dissenting opinion of Judge Wynn. Remanded to the Court of Appeals for further remand to Superior Court, Jackson County, for reinstatement of the order of summary judgment.
REVERSED AND REMANDED.
No. 311A96
(Filed 6 December 1996)
Appeal by defendants pursuant to N.C.G.S. ยง 7A-30(2) from an unpublished decision of a divided panel of the Court of Appeals, 123 N.C. App. 159, 472 S.E.2d 610 (1996), reversing an order for summary judgment for the defendants entered by Hyatt, J., on 12 January 1995 in Superior Court, Jackson County. Heard in the Supreme Court 13 November 1996.
Richard B. Harper, and Bryce Thomas & Associates, by Bryce O. Thomas, Jr., for plaintiffs-appellees.
Morris, York, Williams, Surles & Brearley, by Gregory C. York, for defendants-appellants.
Reversed for the reasons stated in the dissenting opinion of Judge Wynn. Remanded to the Court of Appeals for further remand to Superior Court, Jackson County, for reinstatement of the order of summary judgment.
REVERSED AND REMANDED.
345 N.C. 175
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