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DANIELSON v. CUMMINGS

No. 7918SC126.

259 S.E.2d 332 (1979)

43 N.C. App. 546

David Spencer DANIELSON v. Alan Walker CUMMINGS and William Shelby Cummings, Jr.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Charles A. Lloyd and Robert S. Cahoon, for plaintiff-appellant.

Perry C. Henson and Perry C. Henson Jr., Greensboro, for defendants-appellees.

HARRY C. MARTIN, Judge.

Plaintiff's alleged cause of action accrued on 20 August 1973. The present action was instituted on 15 February 1978; therefore, the action is barred by the three years statute of limitations, N.C.G.S. 1-52, unless it was instituted in accordance with Rule 41(a)(1) of the North Carolina Rules of Civil Procedure.

The pertinent provisions of Rule 41(a)(1) are:

[A]n action or any claim...

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