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KEN-LU ENTERPRISES, INC. v. NEAL

No. 7521DC745.

223 S.E.2d 831 (1976)

29 N.C. App. 78

KEN-LU ENTERPRISES, INC. v. Pauline NEAL.

Court of Appeals of North Carolina.

Certiorari Denied June 17, 1976.

Attorney(s) appearing for the Case

A. Carl Penney, Winston-Salem, for plaintiff-appellee.

Jim D. Cooley and Gerald C. Kell, Winston-Salem, for defendant-appellant.

Certiorari Denied by Supreme Court June 17, 1976.

MARTIN, Judge.

The issue for our determination is whether the one year limitation in the Federal Truth-in-Lending Act and the October 28, 1974 amendment to the Act as contained in 15 U.S.C. § 1640(h) bar the instant counterclaim.

Defendant admits that she did not file within the Act's one year period, but contends that G.S. 1-47(2) permits such a filing within ten years under the following circumstances...

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