UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-1723
ANGEL MEDICAL CENTER, INCORPORATED,
Plaintiff - Appellee,
versus
GEORGE T. ABERNATHY,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Bryson City. Max O. Cogburn, Magistrate
Judge. (CA-98-257-2-C)
Submitted: December 20, 2000 Decided: January 12, 2001
Before LUTTIG, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stanley T. Padgett, MORGAN, PADGETT & ASSOCIATES, P.A., Tampa,
Florida, for Appellant. Chester M. Jones, JONES, KEY, MELVIN &
PATTON, P.A., Franklin, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George T. Abernathy appeals the magistrate judge’s order
granting summary judgment to Angel Medical Center, Inc. (“Hos-
pital”) 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 satis-
faction. Abernathy has presented no evidence of such an accord
apart from his own bald and self-serving allegations, which con-
tradict his previous response to an interrogatory and are insuf-
ficient 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
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