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DUKE UNIVERSITY v. CHESTNUT

No. 7514SC793.

221 S.E.2d 895 (1976)

28 N.C. App. 568

DUKE UNIVERSITY v. Cliff V. CHESTNUT and Mrs. Cliff V. Chestnut.

Court of Appeals of North Carolina.

February 18, 1976.

Attorney(s) appearing for the Case

Powe, Porter, Alphin & Whichard, P. A., by Willis P. Whichard, Durham, for plaintiff appellee.

Bryant, Bryant, Battle & Maxwell, P. A., by James B. Maxwell, Durham, for defendants appellants.

VAUGHN, Judge.

The parties have stipulated that the action was started more than three years after the services were rendered and that at all times in question defendants were residents of Myrtle Beach, South Carolina.

G.S. 1-21, in pertinent part, is as follows:

"If when the cause of action accrues. . . against a person, he is out of the State . . . and if, after such cause of action accrues . . . such person . . . resides out of this State, or remains...

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