Angel Medical Center, Inc. v. Abernathy

1 F. App'x 217

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 12, 2001
• Docket: 00-1723
• Status: Unpublished

Opinion

PER CURIAM.

George T. Abernathy appeals the magistrate judge’s order granting summary judgment to Angel Medical Center, Inc. (“Hospital”) on its civil action for breach of contract. After a de novo review of the record, we find that Abernathy failed to present sufficient evidence before the magistrate judge to raise a material issue of fact concerning the existence of an accord and satisfaction. Abernathy has presented no evidence of such an accord apart from his own bald and self-serving allegations, which contradict his previous response to an interrogatory and are insufficient to avoid summary judgment. See White v. Boyle, 538 F.2d 1077, 1080 (4th Cir.1976). Accordingly, we affirm the magistrate judge’s orders. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.