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CALHOUN v. CALHOUN

No. 7318DC456.

197 S.E.2d 83 (1973)

18 N.C. App. 429

Byron C. CALHOUN v. Margaret L. CALHOUN.

Court of Appeals of North Carolina.

June 13, 1973.

Attorney(s) appearing for the Case

Block, Meyland & Lloyd by A. L. Meyland, Greensboro, for plaintiff appellee.

Stern, Rendleman, Isaacson & Klepfer by Robert O. Klepfer, Jr., Greensboro, for defendant appellant.

BRITT, Judge.

If either of the grounds asserted by plaintiff is valid, he is entitled to have the judgment affirmed. We hold that summary judgment was proper on plaintiff's plea of the three-years statute of limitations.

Summary judgment may be granted in two types of cases, those where a claim or defense is utterly baseless in fact and those where only a question of law on the indisputable facts is in controversy...

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